Search Results

1. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...been instructed to perform. It found that her collective employment agreement (CEA) contained an availability clause which did not comply with the Employment Relations Act 2000 (the Act) so that overtime could not in those circumstances have been requested. This led to a conclusion that she had successfully established a grievance that her employer had contravened s 67F of the Act, which meant that her dismissal was unjustified entitling her to remedies.2 The fixing of remedies w...

2. Paki - Te Matai Kawana Whanau Trust (2004) 140 Aotea MB 290 (140 AOT 290) [pdf, 1 MB]

   ...of costs. If no agreement is reached, a further Court hearing will be necessary to consider this matter. In the meantime the Court directs that the Te Matai Kawana Whanau Trust funds held by the Westpac Trust are to remain undistributed until the claim for costs is finalised." The Application 4. The application as to the payment of costs pursuant to Section 79 came before the Court on the 12th August 2002 at 118 AOT 242 where the applicant set out in detail the costs that he was...

3. IS & JS v KC [2021] NZDT 1308 (9 April 2021) [pdf, 219 KB]

   ...redacted] has to offer. 2. The Cs own the farm upon which the baches are constructed, as the title to their land extends to the shoreline. 3. When the Cs bought the farm in the 1980s, the bach users became concerned that they might lose their informal rights that the previous landowner had respected. However, the Cs were happy to agree that the bach users had rights of access and occupation. They formalised this in a written “Licence to Occupy”. Under the Licence, the bach...

4. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...the respondent should be paid. Therefore, I find that the applicant should pay the respondent the amount of the invoice less $49.88, a total of $1,012.00. Referee: K. Armstrong Date: 17 October 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

5. LCRO 48/2019 VW v EX and TY (3 May 2021) [pdf, 324 KB]

   ...them who decided to appeal. He asked for a retainer of $5,000 from each of them. He advised if they lost they may be liable to pay the BC’s costs of “around $15,000”.41 [106] Mr TY confirmed the estimate in his 4 October 2015 letter, and requested they each pay the $5,000 retainer by 16 October 2015. He enclosed the firm’s terms of engagement, noting “a number” of the group were “behind” with payment of the firm’s invoices for the High Court proceedings. 41 U...

6. Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (2017) 178 Waiariki MB 24 (178 WAR 24) [pdf, 283 KB]

   ...parties had filed a joint memorandum of counsel advising that they considered it was unnecessary for the application to proceed to a hearing, and the application could be dismissed with no order as to costs. At the hearing however, Mr Dennett requested that the application not be dismissed and the issue of costs be considered. Judge Savage noted that the records sought were now to hand and reserved the issue of costs. He directed the trustees to file submissions as to costs within...

7. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...wished to proceed regardless. [20.4] Ms Khetarpal then proceeded to file the EOI she did so electronically. The electronic system prevents a non-qualifying application, so Ms Khetarpal had to file the electronic documents stating the applicant had “claimed” points for skilled employment; though she knew he did not have the points. She excuses this falsity on the basis it only says the applicant “claimed” points, not that he had the points. The electronic form also required a decl...

8. [2015] NZEmpC 106 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 94 KB]

   ...if they are relevant. The plaintiff says that to the extent that the head of privilege claimed is litigation privilege, documents which may have attracted litigation privilege in proceedings between the defendant and the plaintiff’s former employer about issues associated with those in this case, the conclusion of that earlier litigation extinguishes the privilege that can be asserted in those documents. [4] The second interlocutory application the plaintiff wishes to fil...

9. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...The Standards Committee considered the complaint and the Practitioner’s response. The Committee declined to uphold the complaint, having found that they were unsubstantiated. The Committee noted that two of the papers that the Applicant had requested had been located on the file, and had been forwarded to the Applicant. Review [5] The Applicant sought a review because he felt that the issues had not been adequately addressed by the Standards Committee. He added that he was gra...

10. SQ v MN Inc [2021] NZDT 1472 (8 August 2021) [pdf, 189 KB]

    ...not uncommon for a pet to find its way to the old house after the owners move. MN did not contact the neighbour to ask the address of the person who had supposedly moved away. I find that this would have been a reasonable step to take, given the information that [Veterinarian] had received. Since MN failed to take this step, I find that it is liable to SQ for the conversion of her cat. What order, if any, should be made? 14. Since a third party who was not involved in the proceedings no...