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DANIEL SEAN RAMKISSOON v THE COMMISSIONER OF POLICE NZEmpC AUCKLAND [2017] NZEmpC 85 [7 July 2017] IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 85 ARC 60/12 proceedings removed from the Employment Relations Authority BETWEEN DANIEL SEAN RAMKISSOON Plaintiff AND THE COMMISSIONER OF POLICE Defendant Hearing: Rotorua and Tauranga 19, 20, 21, 22, 23, 26 and 27 August (Rotorua) and 11, 12 and 13 November (Tauranga) 2
...party’s reasonable costs of representation and disbursements. [4] The Court has a broad discretion under cl 19 of Schedule 3 to the Employment Relations Act 2000 (the Act) but that must be exercised within the principles enunciated by the Court of Appeal in a triumvirate of cases which have subsequently been followed and applied. Those cases are Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd 4 and Health Waikato Ltd v Elmsly. 5 These principles...
...Court has granted full reimbursement of disbursements where they have been properly incurred, citing Wackrow v Fonterra Co-operative Group Ltd. 3 [4] In the alternative and applying the 66 percent starting point referred to by the Court of Appeal in Binnie v Pacific Health Ltd, 4 counsel for the defendant submits that the defendant would be entitled to the reimbursement of its costs in the sum of $46,121.53 plus disbursements of $945.54 to cover photocopying, printing and cour...
...proceedings. • The Authority’s award of damages is contrary to the principles of contract law. • It is in the interests of justice that a stay be granted pending determination of the challenge. • If a stay is not granted, their rights of appeal will be rendered nugatory. • The benefit of a successful appeal will be lost to the plaintiffs if a stay is not granted. • The defendant will not be affected injuriously if a stay is granted. [4] The defendant’s grounds of...
...costs if unsuccessful and, second, having established a prospective inability to pay, the Court has a residual discretion to determine whether, in the circumstances, it should order security and if so what amount and by what means. The Court of Appeal, in the case referred to by Mr Thompson, A S McLauchlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747, stated that the discretion is not to be fettered by constructing “principles” from previously decide cases. The Court must carefull...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2011] NZREADT 39 READT 013/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN LB AND QB Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 10058) First respondent AND LI Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at AUCKLAND on 24 November 2011 DATE OF DECISION: 7...
...Regulation 12(2) provides that the Tribunal may also take into account any circumstances it considers relevant. 5 [31] Submissions were made by RIANZ on all these aspects. As to flagrancy, these included, in particular, reference to the Court of Appeal case Skids Programme Management Limited v MacNeal [2012] NZCA 314. It is correct that this case discusses the meaning of “flagrancy” under the Copyright Act 1994 but we are not convinced that guidance from the Skids case is...
ANNUAL REPORT OF THE INTERNATIONAL EDUCATION APPEAL AUTHORITY 1 JANUARY 2013 TO 31 DECEMBER 2013 INTRODUCTION 1. The IEAA is pleased that the number of complaints from international students has fallen again. 2. The total number of complaints filed in the year 1 January to 31 December 2013 was 62 but 39 of these were filed by the Administrator of the Code of Practice and related to one particular matter (the self attestation forms) which are required to be complete...
...granted. [6] The issue for determination is whether or not the application should be granted. 1 Pue v Ngā Hapū o Ngā Ruahine Iwi Incorporated (2011) 2011 Māori Appellate Court MB 577 (2011 Appeal 577). 2013 Chief Judge’s MB 458 Background [7] The Ngāti Hako Deed of Mandate (“Deed of Mandate”) dated May 2011 records that Ngāti Hako mandated Josie Anderson and John Linstead as negotiators to represent their trib...
...is even higher. [32] For all of the above reasons we refuse the final suppression order other than in the terms already stated. However, we indicated to counsel that the interim suppression order would remain in force for the duration of the appeal period. Summary of Orders 1. A censure is imposed upon the practitioner under terms set out in para [18] of this decision. 2. The practitioner is suspended for a period from the date of hearing until 17 July 2018, that is equival...