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1. [2023] NZEmpC 152 Halse v Hamilton City Council [pdf, 181 KB]

   ...Hamilton City Council, has confirmed that the costs incurred exceed those now sought. [5] Mr Halse does not raise any issue with the Hamilton City Council’s calculation of scale costs. He does, however, oppose costs being fixed at this time and requests that they be reserved and considered when judgment is issued on the substantive proceeding. 2 At [23]. 3 “Employment Court of New Zealand Practice Directions” <www.employmentcourt.govt.nz> at No 18....

2. Trustees of Taurewa 5 West Trust - Taurewa 5 West (2003) 128 Aotea MB 201 (128 AOT 201) [pdf, 79 KB]

   ...19,20/93 DECISION AS TO COSTS Minute Book:128 AOT 201 This civil action was hard fought and had dragged on for years through a series of hearings and orders. This order for costs is not made in relation to those hearings of course but they form the backdrop to the proceedings. It is clear that the Respondents were prepared to take every technicality open to them and it was only at the very last moment they consented to judgment because it became apparent to them that their defen...

3. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [pdf, 169 KB]

   ...2014 (the Code). The Registrar of Immigration Advisers (the Registrar), the head of the Authority, has referred the complaint to the Tribunal. The most serious allegation is that Ms Penty relied on unlicensed persons in the Philippines to perform immigration services for clients, contrary to the Act. [3] An almost identical complaint against Mr Cleland has already been upheld by the Tribunal and he was found to have breached numerous provisions of the Code. While formally denyi...

4. BM & others as Trustees of D Family Trust v T Ltd [2024] NZDT 836 (4 October 2024) [pdf, 170 KB]

   ...withdrawing of the property from the market but a withdrawal of the listing. I find then that that text then triggers liability to repay the $1750 marketing fee. Referee: G R Meyer Date: 4th October 2024 Page 3 of 3 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 fo...

5. [2016] NZEmpC 166 Alim v Sky Chefs NZ Ltd [pdf, 537 KB]

   ...documents filed with the Companies Office. In addition, he had provided a New Zealand address to a process server, at which he had said he could be served. When Mr Hay filed evidence in support of his objection, the fact that he had made such a request was not denied. There was no basis for suggesting, therefore, that the original direction as to service should not have been made. [19] Secondly, even had an application been placed before the Court under reg 31A of the Regulat...

6. EMPC Effective representation in the Employment Court - perspective from the bench [pdf, 300 KB]

   ...for the relief sought. A Judge is unable to make findings in an evidential vacuum – adequate evidence must be before the Court. Good faith and professionalism How your client acted in the Authority may impact in the Court. The Judge may request a good faith report from the Authority. This will be done where it appears from the Authority’s determination that a party to a proceeding may have obstructed rather than facilitated the Authority in its investigation.26 This may u...

7. O Ltd v B Ltd [2023] NZDT 480 (21 September 2023) [pdf, 235 KB]

   ...LTD with income. [9] KH said that B Ltd had engaged in five more rug manufactures after it stopped providing work to O Ltd, and B Ltd had engaged D LTD to the necessary manufacturing work. The first of these was before he had authorised ED to inform O LTD that B Ltd was cancelling the contract; and three were made after that. The fifth, a large and expensive rug, would not have been made by O LTD in any event, said KH, because OS had indicated that he had not wanted to do that work....

8. BZ v FI LCRO 245/2013 (5 April 2016) [pdf, 67 KB]

   ...neighbourly dispute, Mr and Mrs BZ decided to place their home on the market. [6] On 16 May 2013 Mr FI wrote to the BZs’ solicitor advising that it had had come to his clients’ attention that the BZs had put their home on the market. Mr FI made request that details of the dispute between the parties be brought to the attention of the real estate agent instructed to handle the sale. Mr and Mrs BZ’s counsel, Mr DV, responded promptly, and affirmed the right of his clients to con...

9. Tamakehu v Te Uamairangi - Ohotu No.1C No.1 Block (2020) 414 Aotea MB 59 (414 AOT 59) [pdf, 223 KB]

   ...be made available to the Owners on request, provided the request is not frivolous or vexatious and is in writing and outlines the reason/s for request, provided that the request complies with the above underlined; • Trustees shall make any requested documentation available within two (2) months of receiving the above request; 2 107 Wanganui MB 68-69 (107 WG 68-69) 3 337 Aotea MB 202-204 (337 AOT 202-204) 4 Ngā Ra...

10. Molenaar v CAC 10066 & MacDonald & Newman [2012] NZREADT 74 [pdf, 79 KB]

    ...look newer but she made no statement on the condition of the roof. Neither had the vendor told her when she listed the Property that she had replaced that part of the roof. 2.10 The Licensee states that it was only after the Complainant made a formal complaint that the vendor had told her that she replaced sheets of iron on the roof. The Licensee states that she did tell the Complainant that during open homes it had snowed or rained heavily and that she had not seen leaks or any wa...