Search Results

1. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...challenge. I am not satisfied that, in the circumstances, it would have substantially added to the costs incurred by the defendant in this Court or that it otherwise warrants an increase in costs. [22] No issue has been taken with the defendant’s request for costs on its application. I deal with that request separately. [23] Mr Harrison submits that the plaintiffs’ financial circumstances are relevant. Reference is made to a profit and loss summary for the second plaintiff...

2. Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan 158328 (2015) 104 Taitokerau MB 130 (104 TTK 130) [pdf, 176 KB]

   ...fraud against ANZ. He eventually accepted that there was no actual evidence to show that ANZ had acted fraudulently. Rather, he stated that this was speculation on his part, given ANZ’s failure to provide the home loan agreement that he had requested. Such conduct was reckless and irresponsible. [24] Mr Hettig accepted that Ms Ruwhiu took a loan from ANZ which was secured by way of mortgage over the property. In the face of such an admission it is difficult to see how Mr Hettig...

3. Auckland Standards Committee v Clarke [2013] NZLCDT 40 [pdf, 100 KB]

   ...vendor Mr S. 6 Mr S took possession of the campervan. The property transaction was not completed. The vendor neither paid for nor returned the campervan. Disputes Tribunal proceeding 7 On 3 November 2011 Mr T instructed Mr Clarke to lodge a claim in the Disputes Tribunal. He signed a Claim Form dated 25 October 2011 and paid Mr Clarke the $120.80 fee for lodging a claim. 8 Mr T phoned Mr Clarke several times enquiring about the matter’s progress. 9 On 2 February 2012 Mr T aga...

4. MK v PB LCRO 338/2012 (11 July 2014) [pdf, 175 KB]

   ...there had been no invoices rendered during the course of the retainer; it was understandable that this conduct would have led Mr PB to infer that the fees would be paid out of the proceeds of successful litigation, particularly as no security was requested over his property. Having reviewed the submissions, the Committee considered that the specific wording in the letter of 24 March 2011 could reasonably be seen to have overridden the general policy and usual billing procedure of DE i...

5. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

   ...person’s overdue fines and reparation balances to be reported to prospective credit providers, providing an incentive for people to pay to avoid putting their access to credit at risk. As at 30 June 2012, there had been 101,811 credit report requests, identifying 6,245 people with outstanding fines and reparation totalling $5.160 million. The credit check initiative resulted in $1.281 million of fines and reparation being resolved. Several smaller initiatives from the legislati...

6. [2013] NZEmpC 33 Mayne v Polychem Marketing Limited [pdf, 166 KB]

   ...acquiring a 49% shareholding in it in 1976. 1 [2011] NZERA Auckland 360. 2 For reasons set out in an interlocutory judgment: [2012] NZEmpC 60. 3 At [19]. In 1980 another company was formed (Mercator Chemical Company Limited), of which Mr Mayne was principal shareholder. It appears that by 1981 Mr Mayne was the sole director and shareholder of PNZ. 4 There is no doubt that Mr Mayne took a generous approach to remu...

7. Tainui - Arahura No 2A (2015) 30 Te Waipounamu MB 168 (30 TWP 168) [pdf, 209 KB]

   ...Tainui whānau ownership. History of ownership [13] This Court has previously determined ownership of the house on two separate occasions under s 30(1)(a) of the Māori Affairs Act 1953 (the 1953 Act). 3 The minutes from these hearings contain information about the background and history of the house and block and provide useful context for the issue currently before the Court. [14] In the late 1960s or early 1970s George’s uncle, another George Tainui known as Dennis or Dinny...

8. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

   ...respondents were and are the directors of, and shareholders in, TOEL. The Labour Inspector (John Maxwell) brought proceedings against TOEL in the Employment Relations Authority, seeking to recover unpaid wages (and interest) in respect of two former employees of the company engaged at its Nelson restaurant. The Labour Inspector further claimed penalties against TOEL for:  failing to pay minimum wages;  failing to pay statutory holidays appropriately;  failing to...

9. [2013] NZEmpC 15 Vulcan-Steel Ltd v Wonnnocott [pdf, 125 KB]

   ...reference to a failure to take steps appears to refer to the December 2011 warning grievance raised by the letter of 21 March 2012. [16] On 8 May 2012 Sharp Tudhope raised a personal grievance with Vulcan in relation to Mr Wonnocott’s dismissal and requested Vulcan’s attendance at an urgent mediation. Vulcan responded by letter on 11 May 2012 but did not raise any question about the 90 day statutory limitation period for the December grievance in that letter. [17] It was only...

10. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

    ...application for variation of the order to allow the payment of staff wages and relevant legal expenses would be filed. After hearing counsel, I timetabled that application for consideration on 22 October 2020. I also made one modification to the form of order and reissued it on that date. [3] The anticipated application for variation then came before the Court, and was considered at a hearing held on an urgent basis yesterday afternoon. After hearing detailed submissions, I iss...