Search Results

1. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

   ...appointed to an ACOM role at a South Island port in October 2020. [3] The government introduced a vaccination programme which was rolled-out to front line workers, including those working in managed isolation facilities. The roll- out was informed by a cross agency assessment tool that had earlier been developed (the 18 February 2021 Guidance). The 18 February 2021 Guidance was used by Customs to inform decision-making around which of its workers would be captured in the initia...

2. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd [pdf, 374 KB]

   ...Temp and Mr Pitman were “concurrent wrongdoers”. The Authority should have concluded they were not “concurrent wrongdoers” and, therefore, could not be liable to pay the same sum in damages;10 (d) by not acknowledging that two distinct claims were involved in the proceeding – one for damages and the other for a penalty. [13] Advanced Personnel supported its claim that the payment was a penalty by attempting to illustrate the amount was reasonable. That was because, it s...

3. [2014] NZEmpC 62 Casey v Sensi Merivale Limited [pdf, 107 KB]

   ...not possibly succeed and had persisted in those proceedings after that fact had been drawn to the plaintiff’s attention. 6 The plaintiff also cites the recent judgment of this Court in Asiaciti Trust New Zealand Ltd v Harris in support of her claims to costs. 7 [5] The defendant accepts that it is appropriate for the Court to consider an award of costs covering the proceedings in the Authority, despite costs having been reserved by it. I agree that it is open to the Court to d...

4. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...residual value in those materials and that MH & QH should not be expected to be put to the cost of dismantling the pergola until they have been paid by I Ltd. Referee: T Prowse Date: 2 November 2023. Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

5. DS v SI [2024] NZDT 729 (23 September 2024) [pdf, 118 KB]

   ...was a misrepresentation about the EQC status of the home. 31. The total cost to remedy these issues is $16,670.17 (being $16,000 + $670.17) Referee: S Simmonds Date: 23 September 2024 Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

6. 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...

7. 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...

8. 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...

9. Jenner v CAC 10163 & QS - Sanitised [2011] NZREADT 35 [pdf, 123 KB]

   ...September 2010 Jenner (document 55) sent to Vallant Hooker a letter recording that the contract had been signed, enclosed a copy and advised the deposit was held in their trust account and it would be held for 10 working days. [9] When Mr King requested the deposit to be released he provided a deposit slip to the agent Ms Maloney. This was for Nova Construction an entity apparently unrelated to the vendors. Ms Maloney’s evidence was that she did not have anything to do with the m...

10. [2010] NZEmpC 125 Behan-Kitto v New Zealand Post Limited [pdf, 26 KB]

    ...recorded in writing. She submits that Mr Behan-Kitto was aware of both the reason for the fixed term nature of his employment and the way in which it would end. The Authority’s finding of technical non-compliance turned on the fact that this information was not contained in the body of the employment agreement as the statute requires. It found, however, that because there was a variation to an earlier form of agreement which did comply with the statute, there was no breach. [...