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CLARK V NCR (NZ) CORP AK AC 62/06 15 November 2006 IN THE EMPLOYMENT COURT AUCKLAND AC 62/06 AEC 65/01 IN THE MATTER OF a claim for breach of contract AND IN THE MATTER OF an application to strike out pleadings BETWEEN MATTHEW SIMON CLARK Plaintiff AND NCR (NZ) CORPORATION Defendant Hearing: 5 October 2006 (Heard at Auckland) Appearances: Dale Smith, Counsel for Plaintiff Peter Kiely, Counsel for Defendant Judgment: 15 November 2006 J...
...does not affect a defendant’s statutory right under s 115 of the Act to apply to have proceedings, once filed, dismissed on the grounds they are trivial, frivolous, or vexatious or not brought in good faith. Intending plaintiff must use correct form [5] The forms approved by the Tribunal under the Human Rights Review Tribunal Regulations 2002, reg 5 for the commencement of proceedings, are published on the Tribunal’s website. There are three forms in all, reflecting the Tribunal’...
...an affidavit including the contract with the property owner and details of the time, date, and place of the incident. She said she had no legal duty to disclose the name of the driver but that she would reassess the situation once the requested information was provided. 8. On 18 July, Q Ltd provided a copy of the owner’s authority. It said it had provided enough evidence to confirm the breach and that her appeal was declined as she did not have consent to park in the parking space....
...statutory recognition of the Treaty in fisheries legislation. Undermining Ngai Tahu's mana whenua and mana moana tribal rights resulted in material and cultural deprivation, the Tribunal noted. The report also recorded that despite repeated requests from Ngai Tahu, the Crown refused to give effect to legislative provisions, in force between 1900 and 1962, which provided for the reservation of exclusive Maori fishing grounds. The Ngai Tahu Sea Fisheries Report is available from...
...is not proven. Is BD entitled to $1,200.00 for a days’ lost work? 23. BD says TK cancelled the last appointment but he didn’t reschedule after that and sent the 10 January email to BD. 24. The terms of the contract are in the consent form signed by TK and the General information which was provided to TK. The General Information says the $200.00 deposit is non-refundable and two weeks’ notice is required to move an appointment and it two weeks is not given the deposit will...
...Inc says that C Ltd is liable to pay it $82,000.00 damages but has agreed to reduce its claim to $30,000.00 to come within the jurisdiction of the Tribunal. 4. After the main hearing of this claim I gave leave for both parties to file further information, this was mainly because J Inc had not been aware of the hearing due to an issue with an email address and attended at very short notice. Information was received from both parties, which I decided introduced enough new material that...
...determining the claim. However, that does not mean that the respondent is free to initiate new legal proceedings to recover this amount before seeking clarification or attempting to overturn the Tribunal order. [16] The title search fees clearly formed part of the application before the Tribunal. The Tribunal order of 25 June 2020 finally determined the application as filed on 23 December 2020 unless parts of the application are specifically excluded in the Tribunal order. An example of w...
...one expert was not being called shortly before the hearing commenced. Experts met only during the hearing period. If documentation had been prepared on time an experts‟ conference before the hearing may have been possible and would have informed the assessor of the differing views contrary to his. This would have especially applied once he was advised as to the application of Xypex coating in lieu of paint or plaster. Calderbank letter [11] In August 2008 all the responde...
...up as follows: a. Cost of repairs to ST’s vehicle $ 5,048.50 b. Reimbursement of Tribunal filing fee $ 180.00 c. Rounding $ 1.50 $ 5,230.00 3. The issues to be resolved are: a. Does clause 1 in the [Race] entry form preclude ST from pursuing a negligence claim against SC? b. If not, did SC fail in his duty to take reasonable care while racing? c. Is ST entitled to $5,230.00? Does clause 1 in the [Race] entry form preclude ST from pursuing a ne...
On this page: Completing forms Completing affidavits Amended pleadings Filing documents Serving documents Completing forms Find and complete a form you require on our forms and fees page. The forms are available as Word documents to be downloaded, edited and printed. Many of the documents you will need to file are prescribed forms set by the Employment Court Regulations 2000. These forms must follow certain standards in terms of presentation and content. The registry can decline to accept for...