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...1 [2012] NZERA Auckland 110. submissions in an attempt to ensure that the merits of Mr Fifield’s case were put before the Court. [3] I am grateful to Ms Dew for having undertaken this task at the request of the Court and am satisfied, having heard from her, that everything that might be said in favour of Mr Fifield’s case has been put before the Court. [4] The hearings were conducted by telephone conference call. Not only because
...for consideration an affidavit by the plaintiff (to which we turn shortly). He advised that she was a person of very limited means but she nevertheless acknowledged that she would have to make a financial contribution to the defendant’s costs. A request was made that any award of costs be one which was realistically possible for her to pay. [4] In an affidavit affirmed on 31 July 2013 the plaintiff deposed (inter alia) that: [4.1] She realised that the bringing of her claim before t...
...Mitchell, counsel for plaintiff T Cleary, counsel for defendant Judgment: 5 March 2018 INTERLOCUTORY JUDGMENT OF JUDGE J C HOLDEN APPLICATION FOR SECURITY FOR COSTS Introduction and outcome [1] Ms McNabb, the plaintiff, claims that she was unjustifiably dismissed by the defendant, Silver Fern Farms Beef Limited (Silver Fern). Her claim was unsuccessful in the Employment Relations Authority (the Authority).1 Ms McNabb has filed a challenge to that determ...
...the time within which the defendant may file and serve a statement of defence and may give any directions that appear necessary regarding any further steps in the proceeding. The challenge is limited in scope [7] Ms Johnstone and KEL have claims against each other before the Authority in relation to Ms Johnstone’s employment as a consultant with KEL.3 Ms Johnstone is claiming unjustifiable disadvantage arising from the delay in payment of commission and holiday pay entitlem...
...should have been filed at the time the notice of 1 163 Waikato Maniapoto MB 97-101 (163 WMN 97-101) 2 163 Waikato Maniapoto MB 97-101 (163 WMN 97-101) at 99 3 Ibid 4 Memorandum of Counsel – Request to join Co-Appellants, dated 8 October 2018 5 2018 Chief Judge’s MB 558 (2018 CJ 558) 2018 Māori Appellate Court MB 549 appeal was lodged, we have decided to add the evidence to the record of appeal, per s 55 of the Act an...
...departures from the technical specifications in relation to the layout of sheets that have been causative of leaks or cracking. I am however satisfied that there are issues with the way Page | 12 some of the vertical control joints were formed by the plasterer. It has not however been established that this has caused leaks or has resulted in any significant cracking. Decks [29] At the experts’ conference all experts agreed that there was damage to the balustrad...
...____________________________________________________________________ [1] The appellant, Rocky Hill, challenges a decision of the Corporation suspending his entitlements on his covered injuries. [2] The suspension decision dated 9 May 2019 relevantly provided: After carefully assessing all medical information available, we’re unable to continue with your entitlement. We’ve now suspended your entitlement to all entitlements, including treatment and weekly compensation. We...
...In relation to that part of the summons it reads: And you are ordered to bring with you and produce at the same time and place all emails you exchanged with David McIntyre and/or Monika [Bratownik] referring to the Plaintiff (his performance, disciplinary matter, redundancy and general comment pertaining to the continuation of his employment). [3] The reference to David McIntyre is to the principal shareholder and director of the defendant. Ms Bratownik is an Accounts...
...SKP, the Board wanted to understand what its options were, and if SKP’s objectives and any approach was something that the Board was comfortable supporting. Several meetings occurred to establish the relationship and understanding. The Board formed the view that SKP was genuine in its concerns, including, about impacts on cultural values. (b) In respect of the Piritahi Marae, the Board met several times. First it was to apologise for the offence and disappointment they felt in ...
...would be returned to Mrs Fox; that the parties would not “speak ill of one another”; and that the fact and terms of the settlement would remain strictly confidential to the parties. [13] A response to this proposal was requested by the plaintiff’s solicitors within five days and the proposal would lapse after this deadline. The plaintiff says that there was no response from the defendant at all to that offer before it expired. She now says that the amoun...