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...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. [9] The essential nature of what is in the interests of justice was illuminated by the Court of Appeal in Commerce Commission v Giltrap City Limited.3 2 [1992] 2 NZLR 244 at 248 3 (1997) 11 PRNZ 573 at 579 In cases of delay and alleged want of prosecution, the right of all citi...
...evidence introduced in the form of hearsay by Ms Coy and other witnesses for the plaintiff. [9] Although, when I asked Mr Fairclough bluntly what would be the consequences if I declined the adjournment application, counsel told me that he would appeal that decision, that is no reason for granting the adjournment. Rather, I do so because I consider that the practical consequence of not doing so would be to put at risk the whole of the plaintiff’s case. Put another way, it would n...
...that he believes that a requirement to pay $18,750 could jeopardise the ability of the plaintiff to continue trading. Mr Bellamy then suggests that, if it was required to make such a payment, the plaintiff “may also not be able to pursue its appeal”. He does not explain in any detail the basis for these beliefs other than to refer generally to the plaintiff’s financial position. [6] In his submissions, Mr Brito begins by referring to the essential principles I applied in N...
...We take as a starting point a fine of $1,000 but discount that for the admissions by the two defendants and fix $600 as being the appropriate penalty. [17] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at Wellington this 24 th day of June 2011 ______________________________ Judge M Hobbs Chairman...
...Relations Act 2000 is supportive of this approach. [8] The plaintiff accepts that a dispute existed between the parties as at the date the correspondence was written. [9] In D F Hammond Land Holdings Ltd v Elders Pastoral Ltd 2 the Court of Appeal held that: 3 The privilege attached to “without prejudice” communications is based to a large degree on considerations of public policy. It is intended to encourage and facilitate the negotiation and settlement of disputes, by...
...that in the circumstances of this case both charges should be heard together. The Tribunal therefore dismisses the strike out application for Charge 2. [14] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 21st day of December 2012 ______________________________ Ms K Davenport Chairperson ______________________________ Ms J Robson Me...
...scale which this Court intends to adopt as a pilot commencing in the New Year. Until that pilot commences, the Court will continue to follow the normal principles applying in costs which have now been established in a number of Court of Appeal decisions. 2 Principles which can be elicited from those decisions are that costs will follow the event and that costs will normally be two-thirds of actual and reasonable costs. The Court retains its discretion and, depending upo...
...same time, on 11 September 2014, was a memorandum from the defendant’s solicitors which included a request couched in these terms: 5. … the Defendant seeks guidance from the Court as to whether it sees the limited nature of the Plaintiff’s appeal as restricting the Court’s ability to consider the full application of sections 67A and 67B to clause 6 of the Individual Employment Agreement (“IEA”), i.e. restricting the Court to considering only the issue of notice. 6. If...
...make the following orders: [a] An order suspending the licence of Ms Picknell for a period of nine months under s.110(2)(c); [b] An order that Ms Picknell pay a fine of $1,000. [24] The Tribunal draw the parties’ attention the right of appeal to the High Court contained in s.116 Real Estate Agents Act. DATED at AUCKLAND this 16th day of May 2013 ______________________________ Ms K Davenport Chairperson ______________________________ Mr G Denley Member...
...Health Ltd2 [10] A further factor I take into account is that, although Mr Moore filed reasonably lengthy written submissions, they contained little analysis of the minimum wage issues which were the only significant issues of law. the Court of Appeal said that it was “too absolute” to say that costs must never be disproportionate to the money value of the judgment obtained but went on to say that “costs payable by a defendant should not lightly be fixed at a level which is...