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1. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 157 ACR 306/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN ANTHONY DROZDZAK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Schmidt for the Appellant Ms A Douglass and Ms Gaskell for the Respo...

2. Chapman v Aotearoa Resorts Ltd - Tokaanu Māori Township 2nd Residue Trust (2010) 257 Aotea MB 62 (257 AOT 62) [pdf, 245 KB]

   ...judgment [8] The Land [10] The Trust [12] The Leases [13] Background [15] The present proceedings [21] Directions [24] The hearings [26] Post hearing events [30] The Appeal [32] Applications for Special Aid [34] The Law [35] Applicants’ case [40] Respondents’ case [47] Discussion [53] Payment of rent and related charges [58] Rental...

3. Fisher v Potroz - Mohakatino Parininihi No 1C West 3A2 (2016) 361 Aotea MB 146 (361 AOT 146) [pdf, 552 KB]

   ...accordingly, the land still belonged to the successors of Kereni Wetini. [3] Following an interlocutory hearing, I issued a decision on 21 November 2014, dismissing the rehearing application and reaffirming the ownership and status orders. 2 Mr White appealed that dismissal on 20 January 2015. 3 [4] The Māori Appellate Court issued its decision on 24 March 2016 finding that there had been a failure to notify the successors of Kereni Wetini which resulted in a breach of natural...

4. [2011] NZEmpC 38 French v The Warehouse Ltd [pdf, 80 KB]

   ...or moved by wrong motives. It is sufficient if, as a result of some patent and glaring error of law, the plaintiff or applicant has brought a case which is entirely misconceived. [6] Examples of frivolous cases include attempting to continue an appeal after the proceeding has been settled and attempting to obtain relief at common law which has already been given in a personal grievance. These are clearly not exhaustive examples but give a flavour of the gravity of the circumstance...

5. [2012] NZEmpC 64 Wade v Hume Pack-N-Cool Ltd [pdf, 76 KB]

   ...proceedings were discontinued by him on 6 August 2008. In 2011, he attempted to set aside the discontinuance but his application to do so was dismissed by a judgment of this Court issued on 27 May 2011. 3 [6] Mr Wade subsequently sought leave to appeal to the Court of Appeal against the Employment Court’s judgment. The Court of Appeal refused Mr Wade’s application for leave in a judgment issued on 29 August 2011. 4 [7] Mr Wade then issued further proceedings in the Employmen...

6. [2015] NZEmpC 160 Shanmuganathan v PowerNet Ltd [pdf, 139 KB]

   ...as to costs, and to order PowerNet to pay the sum of $3,500 to Mr Shanmuganathan, being the normal daily tariff adopted by the Authority. [12] I turn now to consider the position as to costs in the Court. 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...

7. Jackman v CAC 10010 & Cussen & Hale [2011] NZREADT 29 [pdf, 94 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2011] NZREADT 29 READT 59/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN PAUL JACKMAN Applicant AND COMPLAINTS ASSESSMENT COMMITTEE (CAC 10010) First respondent AND DIANA CUSSEN and WILLIAM HALE Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at WELLINGTON on 13 Oct...

8. Jackman v CAC 10100 & Anderson [2011] NZREADT 30 [pdf, 93 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2011] NZREADT 30 READT 061/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN PAUL JACKMAN Applicant AND COMPLAINTS ASSESSMENT COMMITTEE (CAC 10100) First respondent AND DAVID ANDERSON Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at WELLINGTON on 13 October 2011 DATE OF...

9. [2014] NZEmpC 218 Puna Chambers Inc v Christensen interlocutory [pdf, 101 KB]

   ...provides that: 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. [8] He submitted that this provision made it plain that once the Authority had dealt with a matter it could not be revisited in that forum or in this Court, except in lim...

10. [2015] NZEmpC 2 Tomo v Checkmate Precision Cutting Tools Ltd costs [pdf, 98 KB]

    ...approach to orders for security for costs adopted in a number of cases in this Court, requiring exceptional circumstances before such an order will be made. 12 This can be contrasted with the policy considerations identified by the Court of Appeal in relation to costs awards in Victoria University of Wellington v Alton- Lee, where it was said that: 13 … a monetary judgment will often be of little practical moment to a successful party unless the losing party is required to mak...