Search Results

1. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

   ...[33] Understandably, it is not part of Mr Saipe’s case that the 24 August 2013 email was not the instrument of his dismissal; the email was unequivocal; Ms Bethell advises Mr Saipe that the business cannot continue engaging his services and requests that he cease using the Cottages’ systems; he was asked to hand over login details. In his email of 26 August 2013, Mr Saipe recognises that Ms Bethell had dismissed him from his position in her email dated 24 August 2013. [34] M...

2. [2009] NZEmpC AC 10/09 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 21 KB]

   ...union’s rules and, if he is unhappy with the result, he may then raise a fresh employment relationship problem in the Employment Relations Authority. [17] The defendant having succeeded in its application is entitled to costs and at the request of counsel I have reserved these. They may be addressed by the filing of a memorandum, if they are not determined by agreement, once the issue of whether a notice of discontinuance will be filed has been decided by the plaintif...

3. AA v AB LCRO 298/2011 (9 October 2014) [pdf, 75 KB]

   ...that his decision to destroy the notes was a dramatic and significant step, prompted he argues from concerns that his client’s welfare would be adversely affected if the notes were disclosed. [34] In the course of the review process, ACC made request of Mr AA to provide his notes. That request does not present as surprising, in the context of Mr AA pursuing a substantial claim to recovery of fees, in circumstances where he had failed to secure ACC’s approval for his work prior...

4. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

   ...looking west from the vantage point of the temporary bridge, constructed by Waka Kotahi as part of the works necessary to construct piling for the road bridge. At the time of the site visit, the river was running high, and a portion of the land claimed as accretion was under water. I was nonetheless able to see in outline the existing eastern boundary of the island and the area claimed as accretion as this end of the island. There is another smaller area said to be affected by accre...

5. [2025] NZIACDT 54 - SC v Wharekura (15 October 2025) [pdf, 242 KB]

   ...application), in breach of cl 2(e). 7. Failed to provide Immigration NZ’s letters, in breach of cl 1. 8. Failed to provide the decline letter in a timely manner, in breach of cls 1 and 26(b). 9. Failed to respond to all of Immigration NZ’s requests for information, in breach of cl 1. 4 10. Failed to provide all communications from Immigration NZ in the client file, in breach of cls 1 and 26(a)(iii). 11. Failed to provide invoices, in breach of cl 22. 12. Failed to main...

6. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...2015. Ms MQ had been paid $11,291.48, and had applied those funds to her invoices, leaving an unpaid balance of $10,102.93. [18] Ms MQ supplied a copy of the advice, and advice from counsel, Mr BJ, to enable Mr VT and Mr RH to brief Mr PY. Ms MQ requested payment of her outstanding fees before the file was uplifted. Further attempts to encourage Yelp to pay the outstanding balance came to naught, and in September 2016 Ms MQ’s firm commenced debt recovery proceedings in the Dist...

7. [2015] NZEmpC 222 Marra Construction (2004) Ltd v Pretorius [pdf, 146 KB]

   ...challenge could not be accepted and an application for leave would need to be filed instead. [10] On 10 November 2015, the documents and filing fee were received by the Auckland Registry. [11] On 12 November 2015, Marra filed an application which requested in effect an extension of time for filing its challenge; the supporting material asserted that the documents had been filed within time, but the filing fee had not. [12] On 26 November 2015, counsel for the defendant, Mr Jacob...

8. Cousins v Plaster Systems Ltd [pdf, 31 KB]

   ...Components Guarantee” provided (inter alia): “On – site application beyond our control and Plaster Systems Limited can not guarantee workmanship or the correct preparation and application of its Insulclad system. The licensed Contractor will, on request, provide a separate guarantee for their workmanship.” Mr Payne did issue a separate guarantee for workmanship. 29. The evidence is that the contractual terms between the parties expressly precluded liability for wo...

9. Landon v Auckland Council [2012] NZWHT Auckland 12 [pdf, 78 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000109 [2012] NZWHT AUCKLAND 12 BETWEEN JASON GLEN LANDON AND SHARON MARY PEACE Claimants AND AUCKLAND COUNCIL First Respondent AND DMITRI AND ANNA LECHTCHINSKI Second Respondents AND GRAHAM MURRAY (Struck Out) Third Respondent AND ALAN MARK MATTHEWS Fourth Respondent AND KEITH BERNARD MIDDLETON Fifth Respondent AND IAG NEW ZEALAND LIMITED Sixth Respondent COSTS DETERMINATI

10. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

    ...outcome of the challenges.3 He has made such payment. [3] The grounds upon which Deloittes seek the order for security for costs are: (a) Mr Alkazaz does not live in New Zealand. (b) It is not clear where he lives. (c) Mr Alkazaz’s claims are without merit. (d) The amount of security sought is appropriate in view of the likely costs which would be awarded to Deloittes if successful in defending the challenges, the estimated duration of the trial of four days and the o...