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1. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...amended prayer for relief (in the expectation that the amendment would narrow the issues to be resolved) as well as a joint memorandum signed by both counsel identifying the specific interpretation issues which were no longer in dispute. [3] The requested documents were filed after the evidence had been heard and shortly before the day scheduled for the presentation of closing submissions. The joint memorandum signed by both counsel listed six matters of interpretation upon which...

2. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000043 [2011] NZWHT AUCKLAND 36 BETWEEN ANTHONY AND ANGELA DAWSON Claimants AND AUCKLAND COUNCIL (formerly known as NORTH SHORE CITY COUNCIL) First Respondent AND OSBORNE PRICE CONSTRUCTION LIMITED Second Respondent AND MARK AND JOANN-LEE FULLER Third Respondents AND GREG PAUL THOMAS (Removed) Fourth Respondent AND IAN BLACK Fifth Respondent AND BARNEY CORNAGA Sixth Respond

3. 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...

4. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...and joined to them. That power is in s 221(a) of the Employment Relations Act 2000 (the Act). [5] Although, as I have indicated, it was within the Authority’s power to add as a party Frank & Peter Builders Limited, even if with minimal formality, the Authority should not have deleted completely, including from the entituling to the proceedings in the Authority, Mr Schmidt and Ms Paul. The consequence of its doing so was to deprive Mrs Neill, at least temporarily, of her en...

5. [2008] NZEmpC WC 16/08 Wesley Community Action Trust v Dickson and anor [pdf, 25 KB]

   ...s178 of the Employment Relations Act 2000 (“the Act”) to remove Mr Dickson’s proceedings to this Court for hearing at first instance. [2] At about 5.30 pm yesterday the plaintiff, Wesley Community Action Trust (“the Trust”), requested the Court to consider urgently this issue on the basis of copies of proceedings filed with the Authority, exchanges of correspondence between the parties, and a covering letter to the Court. Mr Cullen, counsel for the plaintiff,...

6. [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...

7. [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...

8. [2006] NZEmpC AC 53A/06 Graham v Crestline Pty Ltd [pdf, 26 KB]

   ...two-thirds but that the potential range, depending upon relevant circumstances might be in practice from 0 to 100 percent. [4] Crestline emphasises that whilst its legal costs are significant, so too were the litigation stakes. It says Mr Graham’s claims exceeded $480,000. The defendant says its solicitors had to file and serve an application for leave to file an amended statement of defence out of time; to file and serve an application and supporting affidavit to have Crestline...

9. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...the conclusion about notice of termination of Mr Hutchison’s employment. CNZL’s challenge was filed with the Court on 6 August 2014. [5] A Minute was then issued by the Court on 11 August 2014 as a result of the plaintiff’s statement of claim being unclear as to whether CNZL sought to challenge by hearing de novo or otherwise. That was because para 3 had indicated that the challenge related only to those parts of the Authority’s determination set out at [24]- [41] (inclusi...

10. AW Ltd v ZD Ltd [2014] NZDT 672 (9 June 2014) [pdf, 23 KB]

    ...breach the implied deadline and therefore breach the contract? [6] What damages, if any, is ZD Limited entitled to? Decision Did the contract include a deadline by which the work needed to be completed? [7] Both parties agree the contract was formed at a meeting on Monday 21 October 2013. They agree the job was urgent. ZD Limited was approaching the two months of the year when it did almost all of its business and it had no website. It had been working on a website...