Search Results

1. [2016] EmpC 128 Vasona Networks Inc v Sunder [pdf, 83 KB]

   ...not the proceedings in EMPC 170/2016 and 237/2016 should be consolidated. A statement of defence is to be filed as required by reg 19 of the Employment Court Regulations 2000. [17] As to consolidation, while that step seems to be prudent, the request for consolidation was made by Mr Brant in a memorandum filed after Ms Richards had filed her memorandum in response to the application seeking leave. Consequently, I consider it would be inappropriate to order consolidation at this...

2. Director of Human Rights Proceedings v Commissioner of Police (Discovery) [2020] NZHRRT 32 [pdf, 202 KB]

   ...Whooley in his affidavit sworn on 3 July 2020? [5.2] The grounds of opposition now relied on. [5.3] The Commissioner’s response to the “inconsistent search terms” point made by Ms Tait in her memorandum at paras 11, 17 and 18. [11] The requested information was provided by counsel for the Commissioner in their memorandum dated 22 July 2020. THE DISCOVERY ISSUES The issues raised by the plaintiff’s application [12] The alleged breaches of IPP 5 and IPP 11 occurred in March...

3. [2023] NZEmpC 198 Carrington Resort Jade LP v Knight [pdf, 251 KB]

   ...challenge combined the grounds relied on with submissions explaining Carrington’s position. [14] At the heart of the challenge was an assertion that the medical records Carrington wants to have disclosed to it are relevant, the breadth of the request in the notice is proportionate and disclosure will assist in the presentation of its challenge to the substantive determination. [15] While difficult to glean from the challenge, the assistance Carrington anticipates disclosure w...

4. Wilson - Oue 2B 2C [2025] Chief Judge's MB 185 (2025 CJ 185) [pdf, 976 KB]

   ...above. The applicant’s claims regarding this order should be dismissed. 1 Whangarei (Succession) MB 318 dated 3 July 1989 44. This order relates to succession to Kawarahi Hapeta Hau also known as Kanarahi Reo Wirihana. 45. The applicant has requested that the Court make corrections to genealogical references presented at 1 Whangarei (Succession) MB 318 in particular the reference to the marriage between the deceased and Reo Wirihana. 46. The applicant claims; My paternal u...

5. [2012] NZEmpC 176 Te One A Mara Ltd v Olsen [pdf, 126 KB]

   ...novo basis that part of a costs determination 1 of the Employment Relations Authority (the Authority) dated 12 April 2012, which held that costs in the Authority should lie where they fall. There are other issues but, in essence, the plaintiff claims that the Authority failed to give sufficient weight to a Calderbank offer it made at an early stage of the proceedings. It was agreed that the challenge would proceed in this Court on the basis of an exchange of written submissions b...

6. Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) [pdf, 366 KB]

   ...Subritzky’s evidence Pages 2 - 12 over the years, and applicant’s response. (Includes photos of family home on Maimaru A2A) iii. Letter of support from Phillip and Eva Subritzky Page 13 dated 24 November 2013 iv. Annotated copy of the consent form allegedly from Page 14 Charles Subritzky, Bill Subritzky and Rodney Subritzky dated 10 January 1979 v. Letter of support from Theresa Subritzky (Wife of Page 15 Bill Subritzky) dated 19 November 2013 vi. Letter of support from...

7. [2020] NZEmpC 175 O’Boyle v McCue [pdf, 612 KB]

   ...exchanges in writing Ms McCue and Ms O’Boyle met which resulted in a stormy discussion following which Ms McCue left her place of work. Then followed a succession of emails and letters. Ms McCue remained absent from work. Ms O’Boyle issued a formal warning to Ms McCue, asserting she was taking unauthorised leave. Soon after, Ms McCue’s lawyers wrote to Ms O’Boyle providing a medical certificate which said Ms McCue was experiencing work-related stress, but that she should...

8. [2011] NZEmpC 54 Madden v Worldxchange Communications Ltd [pdf, 55 KB]

   ...counsel he would have been entitled to an award of costs. 2 [2] Apart from his disadvantage personal grievance, Mr Maddern had also claimed before the Authority that he had been unjustifiably dismissed by the defendant. In dismissing both of his claims the Authority awarded costs against Mr Maddern in the sum of $6,300. 3 Mr Maddern challenged that costs award but his challenge did not form part of the case before me. The hearing before me was confined to the disadvantage pe...

9. [2014] NZEmpC 176 ALLWAZE Designs Ltd v Cawthorne [pdf, 40 KB]

   ...statement of claim in this case was served on the defendant on 23 June 2014 meaning that the statement of defence was required to be filed by Wednesday, 23 July 2014. The defendant's application for leave, with a statement of defence in draft form attached, was filed on 22 August 2014, virtually one month out of time. [4] The reason for the delay is explained in sworn affidavits from the defendant, Ms Alice Cawthorne, and her former solicitor Mr David Oliver. In essence, Ms...

10. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 73 KB]

    ...out that before the hearing they offered to meet the entire cost of remedial work and nominated a builder who has a good reputation in the industry and whose expertise in remediation work was confirmed by the Assessor. The first offer included a request that the claimants contribute $50,000 and in a later fax no contribution was sought. There was also a cash offer of $300,000. In the substantive determination the Olssons were held liable for $310,888. In response the claimants...