Search Results

1. [2024] NZEnvC 025 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...the purposes of a further and final decision effecting grant of consent to the Modified Proposal. C. There will be no order as to costs, these are to lie where they fall. REASONS Introduction [1] Shundi Queenstown Limited ('Shundi')1 appealed against a decision of the Queenstown Lakes District Council ('QLDC') to decline land use consent for a hotel proposal at 53-65 Frankton Road, Queenstown ('Site').2 A number of submitters to the first instance heari...

2. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...Accordingly, the insuperable problem the Owners face is that unless a “reasonable discoverability test” could be held to apply to the accrual date, the Owners’ claim in contract is statute barred. [64] Mr Rooney submits that there is Court of Appeal authority to the effect that where the contractual duty is not to cause damage by negligence, which he further submitted was the case here, the cause of action accrues at the date of the damage (Day v Mead [1987] 2NZLR 443 at...

3. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

   ...Governments have signed future Governments up to a range of new exemplary conduct) but the point does not need to be decided in the context of this case. 23 Armstrong v Attorney-General [1995] 1 ERNZ 43 (EmpC). The decision was overturned on appeal but not on this point: Attorney-General v Armstrong [1996] 1 ERNZ 344 (CA). See too NZ Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC) at 269. 24 Employment Relations Act 20...

4. [2011] NZEmpC 41 ABC Developmental Learning Centres v Plasmeyer [pdf, 54 KB]

   ...circumstances”. [10] The defendant submits that her proceedings were conducted responsibly and relatively efficiently. The hearing took less than a day. She emphasises the strict application of s 40(2) as illustrated by the judgment of the Court of Appeal in Laverty v Para Franchising Ltd. 2 The defendant says that her circumstances are not “quite out of the ordinary” following Awa v Independent News Auckland Ltd (No 2). 3 [11] Although I am prepared to, and do, make an...

5. [2010] NZEmpC 127 Brownie v Fuster [pdf, 17 KB]

   ...ordered Mr Brownie to pay Mr Fuster more than $9,000 in arrears of wages, interest and expenses. That determination was issued on 3 August 2010. [3] On 2 September 2010, the registrar received a letter from Mr Brownie saying that he wished to “appeal” the Authority’s determination. The letter did not meet the minimum requirements for a statement of claim and was not accompanied by the required filing fee. In any event, it was received by the Court outside the 28 day perio...

6. [2006] NZEmpC CC 9A/06 T & R Distributors Ltd v Grimes [pdf, 21 KB]

   ...should be ordered to pay two-thirds of the total costs incurred by the plaintiff in respect of the proceedings in both the Authority and the Court. There is an obvious difficulty with that submission. While the well known decisions of the Court of Appeal have suggested that two-thirds of actual and reasonable costs incurred is an appropriate starting point for fixing costs in the Court, that approach is not appropriate for fixing costs in the Authority: - see the decision of the f...

7. [2012] NZEmpC 178 Rimene v P J Doherty & Natusch Group Ltd [pdf, 56 KB]

   ...Doherty cannot now rely on his assertions that his situation should be treated any differently to any other represented person dealing with the Court. 7. The respondent submits that it would be inequitable and unjust to allow the applicants’ appeal to proceed without allowing its own application to proceed. Both parties have filed their elections out of time in error and both sought to correct the matter without delay. [6] As noted in my contemporaneous judgment in WRC 14/12,...

8. [2012] NZEmpC 2 Bourne and Ors v New Zealand Merchant Service Guild Industrial Union of workers Inc [pdf, 51 KB]

   ...there is a single issue or all issues in a case are decided in favour of one party, applying those principles is relatively straightforward. Where, as in this case, each party has had a measure of success, it can be problematic. As the Court of Appeal observed in Health Waikato Ltd v Elmsly 2 : [39] It is not usual in New Zealand for costs to be assessed on an issue by issue basis, albeit that it is common enough, where both parties had a measure of success at trial, for no order...

9. [2013] NZEmpC 180 Dolev v Netafim Australia Pty Ltd [pdf, 53 KB]

   ...business of the Court, nor for that matter the defendant. [7] I do not accept the argument put forward by the defendant as to the effect of the Calderbank letter. [8] The issue of costs of course is discretionary. On the basis of Court of Appeal authority binding this Court in respect of awards of costs the rule generally applying is that costs follow the event and an award in the vicinity of two thirds of actual and reasonable costs expended will be awarded. In this...

10. [2016] NZEmpC 10 Fredericks v VIP Frames and Trusses Ltd [pdf, 79 KB]

    ...For VIP it is submitted that costs should lie where they fall on the basis that each of the parties has been successful to some extent. 3 [6] The principles as to costs in the Employment Court are well established in decisions of the Court of Appeal. 4 Costs will generally follow the event and be awarded to the successful party. The starting point for the quantum of such costs is two-thirds of actual and reasonable costs incurred. However, in a situation where each of the par...