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1. Start New Zealand court proceedings against a person in Australia

   ...issues, such as divorce or the enforcement of spousal maintenance or child support court proceedings against property rather than a person (these are called actions in rem). Step 1: Follow the New Zealand process for the proceeding You should fill in the forms and file the documents with the New Zealand court by following the normal process for a New Zealand proceeding. For example, if you want to start a general proceeding, you should follow the process for general proceedings. You also have...

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   3. Disputes with someone in Australia

2. Insley v Butler - Awanui Haparapara no 2B no 1B sec 2 (2022) 227 Waiariki MB 35 (227 WAR 35) [pdf, 404 KB]

   ...which likely increased as each repayment was made and the outstanding amount of the BMA loan reduced. [40] It was submitted that the subsequent agreement flowing from the owners meeting in 1954 had the effect of affirming the equitable trust formed in 1945, whereby the curtilage remained exclusive to the Butlers. It also provided that the other owners relinquished any ownership of the house in favour of the Butlers, subject only to the condition that the Butlers repay the BMA loa...

3. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...1 VBS v FCL [2018] NZERA Wellington 8 at [42]. 2 At [60]. Key provisions [7] Part 9 of the Act contains the provisions relating to the raising of a personal grievance which an employee may have against his or her employer or former employer. The key sections within that part are now set out. [8] Section 102 is the anchor provision, allowing an employee to pursue a grievance. It states: 102 Employee may pursue personal grievance under this Act An employee

4. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...receipt of a joint memorandum further timetabling directions were issued on 18 January 2012 for the filing of evidence and submissions with a view to a hearing being held in or around April or May 2012. [19] On 14 March 2012 counsel for the trust requested an extension for the filing of evidence and it was agreed that BHS would file their evidence a month later. BHS asked the Court to amend its timetabling directions accordingly. Then on 30 April 2012, following my assignment to...

5. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

   ...subject of mistake by the employer. The allowances allegedly overpaid were paid to employees together with other salary and allowance payments in return for the performance by them of their work as fire fighters. The employer has taken up its requests or demands for repayment of overpaid allowances with the employees through their union which has taken up the cudgels on their behalf in resisting repayment. [39] The plaintiff’s action, being its proceeding in the Employment Rel...

6. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   ...November 1983 and has cover under the Accident Compensation Act 1982. The appeal concerns ACC’s decision of 9 May 2007 by which it accepted that Mr Chittock remained entitled to receive entitlements under s 80(3) of the 1982 Act, but declined his request for backdated and ongoing payments under s 80(3), to be paid from 11 September 1995. [2] I regret the delay in issuing this decision, but I have had an inordinate amount of difficulty obtaining evidence to enable me to determine the...

7. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...resorted to locking out union members since 19 October 2011. It has been able to maintain production, or at least a temporarily sufficient level of production, using existing non-union labour and by using a growing number of employees who were formerly union members but have decided, in the circumstances, to sign individual employment agreements with CMPRL under which they are now working. [7] It is really only the current and prospective lockouts of union members with which t...

8. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   WAYNE DESMOND MUNRO V NS SECURITY LIMITED, FORMERLY KNOWN AS HIBISCUS COAST SECURITY LIMITED NZEmpC AK [2012] NZEmpC 38 [2 March 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 38 ARC 30/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN WAYNE DESMOND MUNRO Plaintiff AND NS SECURITY LIMITED, FORMERLY KNOWN AS HIBISCUS COAST SECURITY LIMITED Defendant Hearing: 10 November 2011 (Heard at Auck

9. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...that the buyers had to beware and instead imposed a positive duty on the agents to disclose. He submitted that the doctrine of caveat emptor has no application under Rule 6.5. • He submitted that the Complaints Assessment Committee incorrectly formed the view that the decision to exclude the due diligence provisions in the agreement with the sale and purchase was relevant to Mr Matutinovich’s obligations. He submitted that the Complaints Assessment Committee seriously failed to c...

10. [2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd [pdf, 316 KB]

    ...[4] On 24 September 2018, Infinity’s lawyers sent an email to Mr Lorigan, requesting him to comply with the Court’s costs judgment and pay the sum of $14,495 for costs without delay. Advice as to when payment could be expected was also requested. The evidence suggests there was no response. [5] Mr Lorigan applied to the Court of Appeal for leave to appeal against this Court’s judgments declining Mr Lorigan’s application for joinder,21 and his application for a stay o...