Search Results

1. [2023] NZEmpC 111 Lu v Young [pdf, 226 KB]

   ...Higgs, something more than disappointment at the result in the Authority is required to justify a stay of execution.6 [12] Turning to the factors set out above, there is no evidence that, if the stay is not granted, the plaintiffs’ right of appeal will be rendered ineffectual. I accept that the challenge has been brought and will be pursued in good faith. [13] There is no effect on third parties; nor are there novel or important questions involved in the case. Further, there...

2. Henderson v Henderson - Pakowhai 5B2 (2024) 109 Tākitimu MB 54 (109 TKT 54) [pdf, 292 KB]

   ...being unsuitable to hold office.” This approach is consistent with how examples in legislation are to be interpreted, per s 23 of the Legislation Act 2019. 1 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). (d) If one or more of the grounds in s 240(1)(b) are met, the Court must then assess what is desirable for the proper execution of the trust. What is “desirable” does not mean what is necessary, and whether removal...

3. [2024] NZEmpC 154 Hu v Passion Fresh Ltd [pdf, 180 KB]

   ...Checkmate Precision Cutting Tools Ltd [2015] NZEmpC 2; [2015] ERNZ 196. the subsequent expense incurred by both parties would have been avoided.7 This submission drew heavily on Bluestar Print Group (NZ) Ltd v Mitchell.8 The Court of Appeal in that case cautioned that a “steely” approach is required in dealing with the cost consequences of settlement offers made without prejudice save as to costs.9 [18] Bluestar does not provide particular guidance to assist in asses...

4. 2023-10-13-Notice-of-motion.pdf [pdf, 299 KB]

   ...were received, of which 5 were partially or fully in support and 41 were opposed. The number and nature of the submissions received indicates that the Application is contentious. Any decision by the Council in the first instance would likely be appealed to the Environment Court. (f) It would be more efficient in terms of cost and time for all parties and interested persons for the Application to be heard and determined by the Environment Court instead of Council. (g) The Appli...

5. [2023] NZEmpC 147 Reddy v Employment Relations Authority [pdf, 192 KB]

   ...on review (1) Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court. … (2) For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,— (a) in the narrow and original sense of the term ju...

6. Xi v Body Corporate 198693 (Costs) [2024] NZHRRT 19 [pdf, 170 KB]

   ...obligations to the unit owners. As a consequence of their dissatisfaction the plaintiffs did not pay their 2015 annual body corporate levy. [6] The Body Corporate then took a successful case against the plaintiffs in the Tenancy Tribunal. Ms Tao appealed and thereafter took a number of other unsuccessful actions against the Body Corporate, its Chairperson and Strata.4 Ms Tao’s failure to pay her outstanding levies and subsequent awards of costs made against her ultimately resul...

7. [2024] NZEmpC 185 Greentree NM Catering Ltd (t/a Master Bao) v Wang [pdf, 184 KB]

   ...justice and the general principle that a successful litigant should be entitled to receive the fruits of its success. I accept that Ms Wang would suffer some adverse 9 Although dealing with an application to for an extension of time to file an appeal, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]. impact i...

8. Proactive Release-Sentencing Reinstating Three-Strikes Amendment Regulations 2025 [pdf, 195 KB]

   ...they know they face escalating penalties if they continue to offend. 13 The Act adds a power to summon an offender to be given a warning which was omitted at the time of sentencing, or to be given a substituted warning for a sentence imposed on appeal in the absence of the offender. The Act also provides for a warrant to arrest the offender to be given a warning if they fail to respond to the summons. I expect these orders to be rare. 14 The Regulations prescribe a summons and warrants...

9. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...Industrial Gases Ltd v Andersons Ltd [1970] NZLR 58 it has been accepted that if the application is to be successful, the applicant must commence by proving the three factors listed. [17] In Commerce Commission v Giltrap City Ltd, the Court of Appeal also addressed the need to stand back by considering whether the overall interests of justice would allow the case to proceed.5 [18] The issues of whether there is inordinate delay and whether that delay is inexcusable depend upon t...

10. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

    ...a duty of loyalty to act in the best interests of the beneficiaries. Trustees must not place themselves in a position where their duty and interest conflict. 3 Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). 278 Taitokerau MB 86 Under the “self-dealing” rule, if a trustee sells trust property to themselves the sale is voidable as of right at the election of an affected beneficiary, no matter how fair the transaction. The...