Search Results

1. [2011] NZEmpC 54 Madden v Worldxchange Communications Ltd [pdf, 55 KB]

   ...submissions on the issue filed by Mr Maddern, which I am bound to say show impressive research, but I do not consider that it would be appropriate for this Court to depart from the general practice referred to in the previous paragraph. The Court of Appeal has very recently reaffirmed that lay litigants are not entitled to costs. 4 [12] The end result of this judgment is that the plaintiff is entitled to his compensatory award of $3,000 together with proven disbursements totallin...

2. [2012] NZEmpC 194 Strachan v Moodie & Ors [pdf, 60 KB]

   ...an uplift, from the starting point of a two-thirds contribution to actual and reasonable costs, to 80 per cent of these amounting to $128,091.28 plus the above disbursements. [2] The defendants’ application for judicial review and for leave to appeal having both been dismissed, 1 it is appropriate to now determine costs. [3] As to the merits of a costs award, Mr Moodie points out that the plaintiff was only partially successful in her proceeding. She did not succeed in her claim...

3. [2013] NZEmpC 45 Alim v LSG Sky Chefs NZ Ltd [pdf, 71 KB]

   ...for the defendant, filed a memorandum advising that the parties were unable to agree on costs and seeking a contribution towards its costs on the application in the sum of $500. [5] Ms Douglas’s memorandum refers to the three leading Court of Appeal cases Victoria University of Wellington v Alton-Lee, 2 Binnie v Pacific Health Ltd, 3 and Health Waikato Ltd v Elmsly. 4 She submitted that costs may be awarded in cases where a notice of discontinuance is filed prior to a subst...

4. International Covenant on Civil and Political Rights - list of issues 4th report [pdf, 16 KB]

   ...Bill which was introduced in Parliament in October 1999. In particular, describe the regime the Bill proposes for compulsory detention, how it is to be determined that a patient poses “a substantial risk of danger to others”, and what avenues of appeal or review against these decisions is proposed (para. 103). 9. Please provide information on the results of investigations by the Police Complaints Authority into alleged human rights violations and the punishments imposed on members...

5. [2013] NZEmpC 107 Checkmate precision Cutting Tools Ltd [pdf, 60 KB]

   ...circumstances. 3 A range of conduct which may give rise to a finding of exceptional circumstances is listed under s 45(3), including any conduct that causes the other party to incur unnecessary cost. 4 In Laverty v Para Franchising Ltd 5 the Court of Appeal observed that: 6 For circumstances to qualify as exceptional, however they have to be “quite out of the ordinary”: Awa v Independent News Auckland Ltd at 186. [9] And in Johns v Johns & Holloway 7 Asher J said t...

6. [2013] NZEmpC 104 Gazley v Ocenia Group (NZ) Ltd [pdf, 60 KB]

   ...May 2013 the defendant simply filed a notice of opposition to the plaintiff’s application for stay of execution. The grounds put forward by the defendant in opposition were: a. It is not in the interests of justice. b. The plaintiff’s appeal of the Authority’s determination on costs would not be rendered nugatory by declining a stay. c. The plaintiff has indicated that she intends to apply for an order that the hearing, scheduled to commence on 19 August 2013, deal with l...

7. [2013] NZEmpC 166 Catering Masters NZ Ltd v Anand [pdf, 63 KB]

   ...disbursements of $109.36, and an award of interest. [3] Mr Singh, counsel for the plaintiff, submits that no costs should be awarded in relation to the Authority’s investigation as no order for costs was made by the Authority and there was no cross-appeal on this issue. In relation to the costs contribution claimed in this Court, counsel submits that the matter was simple, lasted only one day, and that although the plaintiff failed in its challenge the compensation awarded ag...

8. Pue – Te Ika a Maui, Te Ika a Ngahue (Te Waipounamu), Rakihura and Rekohu (2012) 295 Aotea MB 13 (295 AOT 13) [pdf, 101 KB]

   ...Pue also sought a referral of the application to the Mäori Appellate Court per s60 of Te Ture Whenua Mäori Act 1993 by way of case stated. He argued that the significance of the claim was such that any decision of this Court would be subject to appeal and that, inter alia, the proceedings concerning the application would have the benefit of three judges including the Chief Judge or the Deputy Chief Judge. Submissions for the Crown [9] Counsel submitted that the Crown opposed the...

9. [2015] NZEmpC 213 Kirby v New Zealand China Friendship Society [pdf, 78 KB]

   ...have been “serious criminal activities, forged documents, theft, damaged property [and] fabricated certificates”. He says in effect that any order for costs is therefore inappropriate. Discussion [8] It is well established from Court of Appeal decisions that the Employment Court is required first to determine whether costs incurred by a successful party were reasonably incurred, and then after an appraisal of all relevant factors, decide at which level it is reasonable for t...

10. N v CAC 10058 [2012] NZREADT 18 [pdf, 121 KB]

    ...that Ms N’s name and the name of the real estate agency and any other feature which might identify her are not published. 4 [9] The Tribunal draw the parties’ attention to s 116 of the Real Estate Agents Act which contains the right to appeal this decision to the High Court. DATED at WELLINGTON this 24th day of April 2012 ______________________________ Ms J Robson Member ____________________________ Mr G Denley Member...