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1. 2017 Decisions of public interest

   ...constitutes important issue of law considered - important of law established -  application granted. [2017] NZEmpC 156 Coomer v JA McCallum and Son Ltd (Judgment of Judge K G Smith, 8 December 2017) COSTS – SUCCESSFUL PARTY – unjustified disadvantage claim successful at Authority – constructive dismissal claim dismissed – wages claim unsuccessful – successful party awarded costs but reduced to recognise partial lack of success – plaintiff achieved success only through lodging c...

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2. [2021] NZACC 73 - McLennan v ACC (6 May 2021) [pdf, 278 KB]

   ...So any level of mist cannot be automatically compared with the current WES-STEL for vapour. However a given level (in mg/m3) should not differ much with respect to systemic toxicity whether it be present as mist or vapour, unless one physical form was inhaled much more readily than the other, or exhaled less efficiently than the other, thus resulting in a bigger retained dose even at 4 the same air levels. I have not seen any evidence that such a phenomenon occurs to a sign...

3. IA v Accident Compensation Corporation (Lump Sum Compensation for Permanent Impairment) [2024] NZACC 35 [pdf, 286 KB]

   ...involves nerve signalling from the brain and spinal cord to the rest of the body. CRPS is characterised by prolonged or excessive pain and mild or dramatic changes in skin colour, temperature, and/or swelling in the affected area. There are two similar forms, called CRPS I and CRPS II, with the same symptoms and treatments. CRPS II (previously called Causalgia) is the term used for patients with confirmed nerve injuries. Individuals without confirmed nerve injury are classified as hav...

4. Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) [pdf, 340 KB]

   ...the dual principles of retention and development of Māori land. It also makes numerous references to General land owned by Māori. 22 [37] The Preamble to the Act also refers to “land”, making no distinction between Māori and other forms of land. This is especially relevant where a conversion from Māori land to General land occurred by operation of law and not with the consent of the owners – contrary to the guarantees of Te Tiriti o Waitangi. The Preamble provides:...

5. LCRO 68/2017 GM v BN (6 July 2017) [pdf, 219 KB]

   ...and due diligence. [4] [Firm A] held the deposit in their trust account as stakeholder on behalf of CNT Trust and ABC Limited. Mr GM gave notice to Mr BN that the agreement was at an end 2 due to the conditions not having been satisfied and requested the return of the deposit. CNT Trust disputed that ABC Limited was entitled to end the agreement and to the return of the deposit. The complaint [5] Mr GM lodged a complaint with the New Zealand Law Society Lawyers Complaints...

6. [2007] NZEmpC AC 10A/07 Harvey White (formerly X) v Auckland DHB [pdf, 57 KB]

   HARVEY DOUGLAS WHITE (FORMERLY "X") V AUCKLAND DISTRICT HEALTH BOARD AK AC 10A/07 [15 October 2007] IN THE EMPLOYMENT COURT AUCKLAND AC 10A/07 ARC 52/05 IN THE MATTER OF personal grievances removed from the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN HARVEY DOUGLAS WHITE (FORMERLY "X") Plaintiff AND AUCKLAND DISTRICT HEALTH BOARD Defendant Hearing: By memoranda of submissions filed on

7. [2009] NZEmpC AC 28/09 Filta Vacuum Products Ltd v Dolan [pdf, 43 KB]

   ...of between $8,000 and $20,000. [30] Mr Harrison analysed the progress of the case and alleged the plaintiff had intentionally set out to increase costs for the defendant. He relied on the Authority’s findings concerning the view Mr Black formed as to the defendant being guilty of fraud and pursuing this conclusion without giving proper attention to the defendant’s responses. He submitted this was recognised by the Authority’s substantial award of compensation to the defe...

8. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

   ...readings was lacking substantial merit or made in bad faith. The application was made in the context of an upcoming experts’ conference on remedial scope. Although extensive testing and moisture readings had been carried out already, the request to take updated readings falls short of the standard set by s 91. Application to strike out Mr Angell’s report [23] Some three months after the final determination on liability was issued, Hitex/Mr Holyoake made an applicat...

9. [2020] NZIACDT 14 - Singh v Ryan - Sanctions (27 February 2020) [pdf, 123 KB]

   ...Ryan’s wrongdoing. Mr Singh his claimed $147,500, of which some items are in the nature of refunds and are considered above. I have already observed that the arithmetic is inaccurate. Few of the items are supported by documentary evidence, as requested by the Tribunal, and many of the figures in those documents do not correspond with the figures used by Mr Singh in his claim.9 [48] One of the items claimed is for the repayments in salary said to have been made to Mr Ryan. Acco...

10. [2016] NZEmpC 145 S v I Ltd [pdf, 170 KB]

    ...faced (which was inaccurate); and information regarding the escalation of the contact and threats from the informants. iv) Failure to observe the principles of the Privacy Act 1993 by wilfully withholding information from [S] following lawful requests to do so. 5 S v I Ltd (formerly L Ltd) [2016] NZEmpC 30 at [11]. v) Non-observance of [S’s] right to silence, non incrimination, privacy as to defence strategy, and the r...