Search Results

1. [2017] NZEmpC 19 Lewis v Silver Fern Farms Ltd [pdf, 141 KB]

   ...There is no reason to depart from the principle that costs should follow the event in this case. Consequently, Silver Fern is entitled to an award of costs. The issues are how much that award should be, and is it appropriate to make an uplift as requested? [19] Applying the two-step approach in Binnie, it is first necessary to establish whether the costs actually incurred were reasonably incurred. The Inspector has not disputed that Silver Fern’s costs were actually incurred or...

2. [2024] NZEnvC 117 Te Runanga o Kaikoura v Marlborough District Council [pdf, 357 KB]

   ...allowed. The Marlborough District Council is directed to amend the proposed Marlborough Environment Plan by making 1 Resource Management Act 1991. Christine McKee Environment Court seal 2 the changes set out in Appendix 1 attached to and forming part of this order; and the appeal is otherwise dismissed. B: Under s285 RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by Te Rūnanga o Kaikōura and Te Rūnanga o Ngāi Tah...

3. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

   ...the $1,000 to $3,500 range. [6] The essence of Stoneware’s position as to costs is: 3 At [23]-[24]. a) The case became unnecessarily complicated by Mr Kellerman’s unsubstantiated claims and his refusal to elaborate on them at the investigation meeting. b) The Authority disallowed three invoices from the sum claimed, which reduced the sum effectively then sought by Stoneware to $6,928.75. c) Costs were not used as...

4. [2014] NZEmpC 177 SAI Systems Ltd v Bird [pdf, 81 KB]

   ...Seyclean should not be joined as a party, the Authority stated: [6] The reasons for not joining Seyclean are as follows: i. The general rule is "that it is for the plaintiff to decide who he or she will sue …”. Mr Bird has not requested, and nor has he agreed to, his former employer, Seyclean, being joined to the matter he has asked the Authority to determine; ii. Lack of jurisdiction to award the type of relief sought. SSL seeks relief against Seyclean for an...

5. Turner v Auckland Council [2012] NZWHT Auckland 50 [pdf, 97 KB]

   ...for costs against Capstone which has been placed in liquidation. The liquidator, Digby Noyce, has consented to the Tribunal determining the application in accordance with s 248(1)(c)(i) of the Companies Act 1993. Mr Noyce has also filed a pro-forma opposition to an award of costs being made against Capstone in reliance upon “the applicable common law principles that regulate the Tribunal’s approach to awarding costs.” ISSUES [3] The issues are:- i. Did Capst...

6. [2020] NZEmpC 147 Carrigan v The Attorney-General [pdf, 167 KB]

   ...Regulations) provides a link through to the High Court Rules. The link is not, however, an automatic route that must be followed when determining matters coming before the Court. [8] As reg 6(2) makes clear, the High Court Rules only apply where no form of procedure has been provided for by the Act or the Regulations. And it is notable that r 4.56 is in comparable terms to s 221(a) in the sense that it contains no additional procedural overlay. What the Rules, however, do is ma...

7. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

   ...proposed conferral. The first respondent had been taking active steps to prepare the Deane Fluit repair solution over 2022 and 2023. It did not make sense to exclude Mr Fluit from the list of experts to attend, given that Mr Fluit’s expertise formed a substantial part of the repair solution that was to be discussed. The work to the windows was a practical matter requiring his building expertise, rather than a technical or design issue. The claimants cannot now claim that it wa...

8. Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 Aotea MB 153 (299 AOT 153) [pdf, 111 KB]

   ...and their 12 children were named as the remainder persons. Procedural history [8] The application was first heard before Judge Reeves on 24 February 2012.4 [9] The matter was then set down to be heard on 22 June 2012 me. The applicant requested an adjournment to seek legal advice and to make sure that all the beneficiaries were informed. The respondent spoke in opposition to the application. Judge Reeves raised the possibility of establishing an ahu whenua trust over the bl...

9. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...fertiliser and travel were not counterclaimed for and so this is my best assessment to provide an outcome that meets the substantial merits and justice of the case. Referee: J Savage Date: 14 December 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 reh...

10. TL & UL v Q & QT Limited [2024] NZDT 145 (12 April 2024) [pdf, 167 KB]

    ...great majority of contracts is governed by Part 2 Subpart 3 of the Contract and Commercial Law Act 2017 (CCLA). Sections 36 and 37 set out when a party has the right to cancel and section 42(1) provides that when a contract is cancelled, all unperformed obligations cease and the cancellation terminates the whole contract (but the secondary obligations such as any duty to pay damages survive). Section 43 of the CCLA then gives the court discretion to grant relief having regard to relevant...