Search Results

1. [2016] NZEmpC 54 H v A Ltd [pdf, 250 KB]

   ...of the five persons alluded to in para [2] of this decision – later I shall adopt letters of the alphabet when referring to each of them, so as to preserve their anonymity. [8] A further procedural issue is that on 26 March 2015 the Court of Appeal granted A Ltd leave to appeal the first judgment. 4 Counsel advised that the hearing of the appeal will take place on 15 June 2016. No application for stay of the orders of this Court, in particular the order of reinstatement, has...

2. Carter v Tulip Holdings Ltd [pdf, 180 KB]

   ...such permit or building consent was obtained for those works and they were completed in compliance with that permit or consent, and where appropriate, a code compliance certificate was issued for those works. [73] The decision of the Court of Appeal in Riddell v Porteous [1999] 1 NZLR 1 is authority in New Zealand that a vendor will be liable to a purchaser CLAIM NO.00692 – CARTER DETERMINATION.doc 23 for a breach of warranty that building work done or caused or permitted...

3. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...such permit or building consent was obtained for those works and they were completed in compliance with that permit or consent, and where appropriate, a code compliance certificate was issued for those works. [65] The decision of the Court of Appeal in Riddell v Porteous [1999] 1 NZLR 1 is authority in New Zealand that a vendor will be liable to a purchaser for a breach of warranty that building work done or caused or permitted to be done by the vendor, complies with the Buildi...

4. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   CATHERINE STORMONT v PEDDLE THORP AITKEN LIMITED NZEmpC AUCKLAND [2017] NZEmpC 71 [6 June 2017] ATTENTION IS DRAWN TO THE NON-PUBLICATION ORDERS REFERRED TO AT [129] OF THIS JUDGMENT IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 71 EMPC 48/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CATHERINE STORMONT Plaintiff AND PEDDLE THORP AITKEN LIMITED Defendant Hearing: 18-26 Octo

5. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...because of its liquidation, did not mean that the context required the Court to apply the extended definition of employer in s 2.11 [44] The second example, Police v Thompson12, was referred to and relied on in Hixon. In that case the Court of Appeal had to decide whether a minor had committed an offence under the former Sale of Liquor Act 1962, of being under age in any bar of any licensed premises. [45] That legislation defined “bar” very broadly, including any bottle store....

6. Findlay v Auckland City Council [pdf, 108 KB]

   ...Avenue decisions all state that the Council’s inspection regime must be sufficiently robust to ensure compliance with the Building Act and Regulations. I find that in this case it was not met. [54] Mr Heaney SC submitted the English Court of Appeal decision of Performance Cars Ltd v Abraham8 as authority for these submissions. That decision states that where a defendant causes further damage to the plaintiff’s property which at the time is already damaged and in need of...

7. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...“materials”. His reply was (verbatim): I have. I would scan and send it to you later one. I would also discuss with Helen and my Teacher. [58] Later that day, Mr Gu advised the complainant by text that he and Helen had made the decision to appeal. He said that her best option was to go to the provincial 10 city. She replied that someone else had been sent. Mr Gu then said that if she went, once she had been there for six months, “the result would come out”. To thi...

8. [2023] NZEnvC 045 Gray v Dunedin City Council [pdf, 527 KB]

   ...conditions. These are to be lodged by the appellants, having consulted with the Council 2 in respect of the same. Conditions are to be lodged in 10 working dates of the date of this decision. REASONS Introduction [1] The appellants have appealed a decision declining resource consent for a residential activity on an undersized lot comprising 2.8 ha. The site is located at 68 Currie Road on the Taieri Plains in Dunedin. [2] The site is zoned Rural – Taieri-Plain in the...

9. [2007] NZEmpC CC 26/07 Southern Local Government Officers Union Inc v Christchurch City Council [pdf, 74 KB]

   ...“partial lockout”, we shall refer to it as a “technical lockout”. [42] Witehira was applied in Armstrong v Attorney-General (on behalf of Chief Executive Department of Justice) [1995] 1 ERNZ 43 (overturned on other grounds in the Court of Appeal), and in Marsh v Transportation Auckland Corporation Ltd [1996] 2 ERNZ 266. That was upheld in the Court of Appeal in Transportation Auckland Corporation Ltd v Marsh [1997] ERNZ 532, where the Court of Appeal stated at...

10. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

    ...behalf, had raised an issue over the interpretation of this clause. A dismissal based on only the employer’s interpretation of a disputed clause would not have been fair and reasonable. The situation was not unlike that dealt with by the Court of Appeal in Sky Network Television Ltd v Duncan.1 There the respondent refused to work the rostered shifts he was ordered to on the basis of advice from the Union that the roster changes were unenforceable. The Court of Appeal held that...