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1. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   ...IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE 64 EMPLOYEES LISTED IN SCHEDULE A TO THE STATEMENT OF CLAIM Third Defendants Hearing: 10, 11 and 12 August 2016 (Heard at Au

2. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...that Ms Twentyman is wrong to believe that the filing of a challenge stays automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than the expected notice of opposition and affidavit in support. Ms Twentyman’s (therefore 5 See Employment Relations Act 2000, s 180. unswo...

3. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...August he worked as usual 3 days a week. On 19 and 20 August he took sick leave and on 26 August filled out another accident report as he was suffering the same injury as before but to both sides of his chest and arms. He stated on his injury form that it was because of “again not replacing night cutter – put extra work on day shift.” He also applied for coverage from ACC. [23] On 28 August 2003 ACC acknowledged that his claim was work-related and began an investigation...

4. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...position description to INZ to support a variation to the conditions of his work visa. That application was declined. INZ raised concerns about the position not having been advertised. Mr Vermuelen told Mr Flyger about this turn of events and requested that the role be advertised. Mr Flyer declined to do so. His evidence was that he refused to advertise the role because he did not want the hassle associated with that step. [23] I do not accept that the way in which the company ha...

5. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...that party’s entitlement to costs unless the discontinuance is expressly on such terms. There is no suggestion of that in this case. [10] Finally, Mr Dunn says that the Authority’s determination of 27 August 2009 confirms that it was not requested to determine separately costs in relation to Mr Cruickshank. Further, and in any event, Mr Dunn says that the determination of 27 August 2009 includes reference to any separate liability to Mr Cuickshank and rejects this. That is,...

6. Findlay v Auckland City Council [pdf, 92 KB]

   ...labour-only basis to carry out the carpentry component of the building works and allegedly acted as site foreman and supervisor of the build. Summary of Facts Late Aug 1995 Mr Findlay purchased the section and the Lee Findlay Family Trust was later formed. The Trust acquired title to the property. Mr Findlay and Mr Sandelin were trustees 1995 A quotation given by Leuschke Group Architects was substantially lower than two other quotations and therefore Mr Findlay engaged Leuschke t...

7. Maniapoto Claims Settlement Bill [PDF, 1.1 MB]

   ...nf the International Covenant on Civil and Political Rights, which are comparable toss 20 and 27(2) nf the Bill of Rights Act. 1 Whether tight to bring civil proceedings ins 27(3) at issue 10. Clause 28(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Rill. 11. Clause 223 of the Bill excludes compensation for technical redundancy (payment or any other benefit) on the ground that the po...

8. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   ...[102] The W proceedings were referred to by Mr Templeton as “a relatively straightforward professional negligence claim limited to a claim for wasted expenditure or costs thrown away”. As indicated, the previous solicitors’ costs, which formed the primary basis for the claim, amounted to $74,760 including expert fees. (The Jamieson Castles fee of $341,684 was later added in relation to the Shoreham proceedings fees charged.) [103] The fees in respect of the W proceedings to...

9. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...thought that he had slowed down deliberately, as time went on, in order to earn more money. She had not considered his work satisfactory. At one point, she said, when WG had been obliged to hang some doors, a representative of the door supplier had informed her that WG did not know how to do the work. [9] During the Christmas break, HK had wanted to engage other tradespersons to carry out other work in her house. At that point, she said, she had learned, from their comments, that the wor...

10. SC v N Ltd [2023] NZDT 467 (23 August 2023) [pdf, 121 KB]

    ...Ltd [City 1]). 2. In August 2015, N Ltd [City 2] (Mr D) entered into a sole agency agreement with Q Ltd for the sale of a commercial building at [Address]. N Ltd [City 1] (SC) worked with Mr D as the local agent. 3. SC prepared a detailed information pack for potential purchasers. 4. In September 2015, XZ phoned SC to enquire about the building. 5. SC and XZ had previous dealings together. SC had been a commercial real estate broker in [City 1] for 30 years. XZ is a well-know...