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1. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

   ...security for costs in respect of the challenge. It seeks that the sum of $20,000 be paid into Court pending the hearing of the challenge. It also seeks a stay of the challenge until such security is given, either in payment or other satisfactory form. It also asks the Court to set a time limit for such security to be given. [5] Ms Kilpatrick has filed a notice of opposition to the applications. Whilst she has not paid the awards of costs made by the Authority, Air NZ has not yet...

2. 2018 NZSSAA 008 (5 February 2018) [pdf, 100 KB]

   ...Benefit Review Committee. Accordingly, we conclude that the Authority has no power to award any costs in relation to either preparing for or attending a review by a Benefits Review Committee. Costs of second appeal [18] The second appeal formed part of the original notice of appeal which was filed on 14 July 2015. The Authority asked the Ministry to file its s 12K report by 20 October 2015. On 19 October 2015 Mr Signal sent an email to counsel for the appellant stating th...

3. Beauchamp v B & T Co (2011) Ltd (Costs) [2022] NZHRRT 30 [pdf, 105 KB]

   ...basis. [11] The primary submissions made by the Director in support of the application are: [11.1] Prior to filing her proceedings the plaintiff made an offer to settle the matter on a without prejudice save as to costs basis. That offer included a request for global compensation in the amount of $35,000. Failure by the defendants to respond to this pre-litigation offer is said to have been unreasonable. [11.2] The defendants applied (unsuccessfully) for their names to be suppressed....

4. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...only lawyers who do so and many lawyers conscientiously refrain from doing so. There are some, fortunately not too many as yet, cases that are still at an interlocutory skirmishing stage years after the employment relationship has ended, with requests for forensic analysis of computers, claims to and against such public officials as the Ombudsman and the Privacy Commissioner, and arguments over the relevance of literally thousands of documents. One could be excused for wondering wh...

5. O v S LCRO 35 / 2009 (2 June 2009) [pdf, 33 KB]

   ...of the Lawyers and Conveyances Act 2006 the decision of the Standards Committee is confirmed. Costs [21] Lawyer S applied for costs and was invited to make submissions. The application was primarily on the basis that the hearing had been requested by Client O who had the failed to attend, and on the further basis that the complaint was without merit. The amount sought covered the attendance time for Lawyer S and his advocate, the time spent in preparation for the review heari...

6. Habib v Ali - Succession to George Habib (2021) 227 Taitokerau MB 206 (227 TTK 206) [pdf, 225 KB]

   ...were George Habib’s and he never questioned about the paternity of any of my children until his death. [20] Fatuma was also vague about Azzam’s medical records, however given that he was born in New Zealand these would have been available on request. When asked whether she would consent to Azzam’s medical records being disclosed, she responded as follows:6 First of all, my medical records, I have not given them to Fay Lilian to present to this Court and second of all, as...

7. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...disclosing a number of documents to the plaintiff but there is now a formal challenge by the plaintiff to that objection in respect of only one set of documents. This includes an email dated 2 April 2013 and attachments to it. The email consists of a request by the then LSM of the College for advice from the New Zealand School Trustees Association (the NZSTA). A copy of the email was sent at the same time to the Chair of the Board of Trustees of the College, Gary Hooson. In addi...

8. [2017] NZEmpC 66 Lal v The Warehouse [pdf, 136 KB]

   ...being fit for some work subject to some physical restrictions (relating to prolonged sitting, standing and walking). 1 Lal v The Warehouse Ltd [2016] NZERA Auckland 78. [7] Ms Lal requested a meeting with Ms Wooding (Human Resources) in late September 2013. At the meeting Ms Lal expressed a desire to transfer to a different store to undertake her rehabilitation. She said that her manager was not providing her with lig...

9. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...in the evidence was Mr Holman’s dissatisfaction with what he perceived in 2014 as inconsistency and unfairness in the way that CTC treated instructors insofar as charging fees and flight time requirements for their training was concerned. He formed the view that instructors already employed as trainers by CTC were receiving training without being charged. However, I am of the view that this was satisfactorily explained by witnesses for CTC. Those trainers who were receiving fur...

10. [2021] NZACC 101 – OM v ACC (12 July 2021) [pdf, 271 KB]

    ...difficult birth”. [28] In November and December 2017 ACC sought a report from Dr Richardson as to what the appellant’s physical injury was and whether that physical injury was caused by treatment. Dr Richardson did not respond to ACC’s request. [29] On 24 April 2019 ACC declined the claim on the basis that it did not meet the criteria for a treatment injury. The decision was upheld at review on 4 October 2019. [30] Dr Peter Jankowitz, paediatrician, gave an opinion date...