Search Results

1. [2018] NZEmpC 107 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 231 KB]

   ...<www.employmentcourt.govt.nz/legislation-and- rules>. proceeding against a defendant must pay costs to the defendant of and incidental to the proceeding up to and including the discontinuance. [16] While there remains a discretion under the Rule, the Court of Appeal has recognised it must be exercised only where it is just and equitable, with the onus on the discontinuing plaintiff to persuade the Court to exercise that discretion. The presumption that costs are to...

2. [2019] NZEmpC 169 Rauland NZ Ltd v Delvo [pdf, 123 KB]

   ...indication of the conclusion which might be reached in other cases… the discretion is more likely than not to be exercised in favour of a direction that the Authority investigate the matter. [12] Again, the issue of whether or not there will be an appeal is purely speculative. It imples that the parties regard the Authority as simply going through the motions when that is not the case. The submission denigrates the Authority, its Members and the valuable investigative process w...

3. [2022] NZEmpC 71 GF v Comptroller of the New Zealand Customs Service [pdf, 191 KB]

   ...submits that hybrid claims raise a number of complexities, the law is not clear cut and Robinson was dealt with on the papers and has been distinguished in subsequent cases.6 Reference is also made to the approach adopted by the English Court of Appeal in Ord v Upton,7 where Aldous LJ expressed concerns about whether a cause of action could be split and whether it would be acceptable to require compulsory joinder, which could lead to difficulties when a claim for loss of earnings w...

4. [2022] NZEmpC 154 Pilgrim v Attorney-General [pdf, 180 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. 4 Senior Courts (Access to Court Documents) Rules 2017, r 13. 5 Courts of New Zealand “Note taking in court” <courtsofnz.govt.nz>. Leave is required to take notes on an...

5. [2022] NZEnvC 012 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 92 KB]

   ...and the Trust Board's status as a "not for profit" charitable entity. [16] I acknowledge that such factors may be relevant to some extent in a costs claim, however they cannot offer a complete shield. As previously held, bringing an appeal in the public interest does not exempt a party from a costs award, and a party's status as a "community group" does not absolve it from liability for costs.8 I do not accept these factors in this case. Costs on the de...

6. [2022] NZEmpC 44 Courage v Attorney-General [pdf, 204 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. http://www.legislation.govt.nz/regulation/public/2017/0193/latest/link.aspx?id=DLM7379817&DLM7379817 http://www.legislation.govt.nz/regulation/public/2017/0193/latest/link.aspx?id=D...

7. [2012] NZREADT 62A - Real Estate Agents Authority (CAC 10063) v Sant Raj (31 July 2012) [pdf, 114 KB]

   ...circumstances stated therein I cease to be the licensed salesperson member of REAA. Having regard to this fact REAA is not obliged to lay charges on me. Furthermore there is no READT number decision of CAC dated 20 March 2012 and the right of appeal provide 20 working days after the date of notice whereas the letter from REAA dated 20 March 2012 under response to charge allows 10 working days from receiving the letter. These are matters of concern which need addressing, why both l...

8. [2023] NZEmpC 84 Pilgrim v Attorney-General [pdf, 180 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460, [2019] NZAR 30. be limited; during the substantive hearing, open justice has greater weight than at other stages of the proceeding and greater weight in relation to documents...

9. [2023] NZEmpC 183 Jindal v RKM Smith Enterprises Ltd [pdf, 184 KB]

   ...the property of the person in default be sequestered. [9] Mr Mathews, who appeared for Ms Jindal, concentrated his submissions on having RKM fined pursuant to s 140(6)(d).6 He drew attention to the assessment factors referred to by the Court of Appeal in Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector): the nature of the default (whether it is deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it is ongoing.7 Account also has to be t...

10. Expression-of-interest-District-Court-Judge-2024 [pdf, 108 KB]

    ...indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Civil Criminal Details, including number of appearances Supreme Court ______________________________________ Court of Appeal ______________________________________ Court Civil Criminal Details, including total years’ experience High Court Appellant work ______________________________________ High Court ________...