Search Results

1. [2017] NZEmpC 61 Ahuja v A Labour Inspector [pdf, 166 KB]

   ...invited me to proceed to deal with both applications in the plaintiffs’ absence. In the circumstances, I considered it appropriate to do so. 6 [8] There is one further preliminary point to note. The day after the hearing on 8 May, the Court of Appeal delivered its judgment in Brill v Labour Inspector. 7 That judgment relates to the scope of the powers within s 234 of the Employment Relations Act 2000 (the Act) and has some relevance for the applications currently before the C...

2. Bisson - Succession to Alayna Waimana Clark - Lot 1 Deposited Plan 9015 (2021) 431 Aotea MB 107 (431 AOT 107) [pdf, 241 KB]

   ...influence the outcome of the present succession proceedings, then he might be more sympathetic to their request. However, counsel submitted that the High Court has determined the outcome, which is now binding on all parties, in the absence of any appeal. He also pointed out that Otaraua were included in the deed of settlement but declined to participate or engage, even though they had counsel. [15] Mr Wilson also made it plain that there was no suggestion Otaraua had acted in any...

3. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

4. Bloor v Pomana - Matawihi 1A (2020) 82 Tākitimu MB 136 (82 TKT 136) [pdf, 185 KB]

   ...trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [11] A leading authority on the removal of trustees is the decision of the Court of Appeal in Rameka v Hall.3 In that case, the Court of Appeal, referring to the decision of this Court and the Māori Appellate Court in related proceedings held:4 [30] The settled approach in the Maori Appellate Court in applying s...

5. Te Manutukutuku Issue 2 [pdf, 2.9 MB]

   ...and economic context 1848-1865 Crown land purchases 1850-1865 Muriwhenua as a model 'Native District' 1860-1865. Crown, claimant and Tribunal researchers met in October 1989 to discuss common research and mapping issues. Court of Appeal Judgement CA 126/89, 3 October 1989 Robert Mahuta and the Tainui Trust Board v Attorney-General, Coal Corporation and Others Background to the Case The Crown, in 1988, made an agreement with Coalcorp which provided that: the Crown&...

6. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

7. Lewis v Accident Compensation Corporation (Claim for treatment injury) [2024] NZACC 159 [pdf, 176 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 159 ACAR 99/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LISA LEWIS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 October 2024 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: H Menneer for the Appellant; Ms Lewis also attended L Hawes-Ganda...

8. Crisp v Accident Compensation Corporation [2025] NZACC 123 [pdf, 163 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 123 ACAR 243/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RICHARD CRISP Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 July 2025 Appearances: Mr Forster for the Appellant Ms Becroft for the Corporation Judgment: 1 August 2025 _____________________________...

9. [2006] NZEmpC AC 43/06 Axiom Rolle PRP Valuations Services Ltd v Kapadia [pdf, 149 KB]

   ...Judge recognised that they are an extreme use of a court’s power, warranted only if the circumstances require it, and only to the extent absolutely necessary to meet the exigencies of the case. The Court relied on the judgment of the Court of Appeal in Busby v Thorn EMI Video Programmes Ltd [1984] 1 NZLR 461, the leading authority in New Zealand on Anton Piller orders, for the general principles of such orders. As would have been expected on an ex parte application considered ur...

10. [2015] NZEmpC 135 Fagotti v Acme & Co Ltd [pdf, 402 KB]

    ...that the Authority erred in these circumstances by applying its notional daily tariff with a minimal uplift. [35] Next, counsel submits that in declining to award indemnity costs, the Authority wrongly applied the judgment of the Court of Appeal in Bradbury v Westpac Banking Corp 9 in that “exceptionally bad behaviour” was not required to support indemnity costs but, rather, it was “in wilful disregard of known facts or clearly established law” as Miss Buckett had subm...