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1. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...may be increased” subject to clarification about some of the damages claimed by the plaintiffs.5 [67] The judge reserved the question of costs in the proceedings. As I note further below, Mr TH was ordered to pay costs. [68] Mr TH lodged an appeal against the High Court’s [date] judgment, but as recently as on 14 July 2021, it was clear that the status of the appeal was, at best, uncertain. [69] The plaintiffs in the proceedings took steps to enforce their judgment, including...

2. [2022] NZACC 2 - Brooks v ACC (6 January 2022) [pdf, 179 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 002 ACR 70/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LESLIE BROOKS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 December 2021 Held at: Auckland/Tāmaki Makaurau Appearances: B Hinchcliff for the appellant L Hawes-Gandar for the Accident Compens...

3. [2022] NZACC 112-Dixon v Accident Compensation Corporation (14 June 2022) [pdf, 263 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 112 ACR 135/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN WAVERLEY DIXON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 June 2022 Held at: Auckland/Tāmaki Makaurau BY AVL Appearances: J Pietras for the Appellant F Becroft for the respondent Judg...

4. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...of the interests of justice: An Employee v An Employer [2007] ERNZ 295. [3] A helpful set of criteria providing useful headings can be extracted from Day v Whitcoulls Group Ltd [1997] ERNZ 541: (1) The reason for the omission to bring the appeal within time. (2) The length of the delay. (3) Any prejudice or hardship to any other person. (4) The effect on the rights and liabilities of the parties. (5) Subsequent events. (6) The merits. [4] It is accepted that this is...

5. [2006] NZEmpC AC 24A/06 Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa & Pipes v Raymond [pdf, 37 KB]

   ...award a penalty against Mr Pipes for this feature of the case, I nevertheless consider that it may properly be addressed by way of costs. It was conduct that affected, or may have affected, the hearing of Ms Raymond’s case from which this was an appeal. [10] In Binnie v Pacific Health Ltd [2002] 1 ERNZ 438, the Court of Appeal commented upon indemnity costs in Employment Court litigation giving, as an example, the conduct of a losing party as a relevant factor in determining whet...

6. [2013] NZEmpC 168 Snowdon v Radio New Zealand Ltd [pdf, 75 KB]

   ...18 July 2011, that the preparation of a joint expert’s report would take between three and six months to complete. [10] As it was, one of the other directions contained in the order of 1 March 2013, a direction fixing security for costs, was appealed by the plaintiff to the Court of Appeal. 7 The appeal was dismissed but subsequent complications arose with various 4 Commerce Commission v Cards NZ Ltd (No 2) (2009) 19 PRNZ 748 at [...

7. Tucker v CAC 20006 & Claydon [2012] NZREADT 46 [pdf, 41 KB]

   Decision No: [2012] NZREADT 46 Reference No: READT 016/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN GRANT CAMPBELL TUCKER Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20006) First Respondent AND GLENIS CLAYDON Second Respondent AND BRYAN RICHARDSON Third Respondent BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Ms K Davenport - Chairperson Mr J Robson - Member Mr G Denle...

8. [2016] NZEmpC 6 Tertiary Education Union v Vice-Chancellor University of Auckland [pdf, 100 KB]

   ...either an increase or decrease are assessed. 3 A rule as to costs in cases involving a dispute? [6] Ms Muir, counsel for the defendant, submits that the general approach to costs which can be drawn from the established trilogy of Court of Appeal cases (namely Victoria University of Wellington v Alton-Lee, Binnie v Pacific Health Ltd and Health Waikato Ltd v Elmsly 4 ) should apply to a determination of costs in the present case. Mr Mitchell, counsel for the plaintiff, rejects...

9. Chand v Devi [2016] NZIACDT 4 (14 January 2016) [pdf, 134 KB]

   ...of $100,000 or both for knowing offending, and a fine of up to $100,000 if the knowledge element is absent. The Courts have treated the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court. 1 [12] Section 63 of...

10. Koyama v New Zealand Law Society (Costs) [2013] NZHRRT 29 [pdf, 50 KB]

    ...28 May 2013 decision Mr Koyama had made a clear representation that he had filed all of his submissions: [5.1] On 13 February 2013 Mr Koyama filed 14 pages of submissions in opposition to the NZLS costs application. [5.2] After the Court of Appeal on 17 April 2013 dismissed Mr Koyama’s application for special leave to appeal, the Secretary of the Tribunal by email dated 21 May 2013 notified Mr Koyama that should he wish to take advantage of 3 a final opportunity to file sub...