Search Results

1. [2007] NZEmpC CC 11/07 Metallic Sweeping (1998) Ltd v Ford [pdf, 25 KB]

   ...should not be reimbursed for the expert witness’s fees. [7] Mr Beck and Mr McGinn both relied on the general principles relating to the award of costs set out in Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA). In that case, the Court of Appeal said that the first step should be to determine what costs were actually and reasonably incurred by the successful party. The second step is to determine the proportion of that amount which should be awarded, with two thirds being...

2. [2010] NZEmpC 58 Student Management Software Solutions Ltd v Gordon [pdf, 20 KB]

   ...identified comprehensively a number of elements of the Authority’s determination that he submitted were erroneous and has, in my assessment, established arguable cases for challenge that satisfy the test of genuine and substantial grounds of appeal. These include challenges to the sums ordered to be paid by the plaintiff to the defendant even if, contrary to its assertion, dismissal is found to have been unjustified. In these circumstances the extent of the remedies may be reduc...

3. BORA Relationships Statutory References Bill [pdf, 65 KB]

   ...applying prior to that change, which disqualified widowers from the same entitlements as widows, was challenged under the UK Human Rights Act 1998 in Hooper and Others v Secretary of State for Work and Pensions [2003] EWCA Civ 813. In the Court of Appeal, the Secretary of State conceded that the legislation had been changed because the gendered entitlements could no longer be justified. However, the Secretary of State argued that up until the time at which the law was changed the provisio...

4. TTPPR-7 Notice of registration of Australian judgment [pdf, 331 KB]

   ...were given this notice. If you think the registration should be set aside, you should get legal advice as soon as possible. STAY OF ENFORCEMENT If you intend to apply to the [name of Australian court or tribunal] to set aside, vary, or appeal against the judgment, you may apply for an order that enforcement of the registered judgment in New Zealand not be commenced until a specified time or event, or be stayed (put on hold) for a specified period. An application for an or...

5. AF v Secretary for Justice 1 June 2012 NZRA 000009 [pdf, 91 KB]

   ...researching the law, interviewing witnesses, briefing of evidence, drafting documents, examining witnesses, cross-examination, making submissions, making opening/closing addresses, appearing at sentence, and appearances in support of or in response to an appeal”. Those remarks are compatible with the definition referred to in the Provider Manual quoted in para [9] above. [14] The applicant has carried out research, briefed witnesses, and drafted documents. She has carried out...

6. [2013] NZEmpC 103 Language Centres v Page [pdf, 64 KB]

   ...behalf of Mr Page subsequent to the substantive hearing. Whilst accepting that it was not exactly on point, he cited TNT Worldwide Express (New Zealand) Ltd v Cunningham 7 where costs were awarded against the successful appellant when it won an appeal to introduce further evidence because it had obtained an indulgence from the Court. [8] Mr Kilpatrick relied on three ‘without prejudice save as to costs’ offers made on 20 July 2011 and 1 and 12 March 2013. He observed that th...

7. [2016] NZEmpC 11 Titoki Securities Trust v Wallace costs [pdf, 99 KB]

   ...reading material provided to counsel; advising Ms Wallace; and undertaking other communications to the point of discontinuance of the Trust’s challenge. The “Project” is described as “Costs Claim by Employer, reopening application and appeal”. Two hours’ work was charged for. Again, in the circumstances, I propose to treat this as a bill dealing with proceedings both in the Authority (which are not compensable in this Court) and in the Court. They, too, will be assum...

8. Milner v Noanoa-Paul - Atarea Mokai Noanoa (2011) 12 Tairawhiti MB 155 (12 TRW 155) [pdf, 64 KB]

   ...Takitimu Appellate Court MB 184 (13 ACTK 184) 2 (2002) 15 Whanganui Appellate MB 64 3 (2004) 10 Waiariki Appellate Court MB 263 (10 APMB 263) 4 (2010) 7 Taitokerau Appellate MB 216 (7 APWH 216) 5 (2010) Māori Appellate Court MB 425 (2010 APPEAL 425) 12 Tairawhiti MB 157 (c) the Court has an important role in attempting to facilitate amicable relationships between parties who are invariably connected by whakapapa to both the land and each other and on occasion that...

9. [2015] NZEmpC 49 Vulcan Steel Ltd v Walker [pdf, 86 KB]

   ...who discontinues a proceeding against a defendant must pay the costs of the defendant of and incidental to the proceeding up to and including the discontinuance. 4 [7] In Kroma Colour Prints Limited v Tridonicatco NZ Limited the Court of Appeal noted that the presumption in favour of awarding costs to a defendant against whom a proceeding had been discontinued may be displaced if there were just and equitable circumstances not to apply it. A Court would not speculate on respect...

10. Wellington Standards Committee v Hall [2011] NZLCDT 23 [pdf, 56 KB]

    ...different route, we agree with the Society’s submission that a presumption of “openness” is implicit and in the absence of a body of case law specifically relating to s 240 and s 238, we adopt the principles expressed in R v Liddell by the Court of Appeal relating to s 140 of the Criminal Justice Act 1985, as principles that best support the purposes of the Act: “In considering whether the powers given by s 140 should be exercised, the starting point must always be the importanc...