Search Results

1. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...proceeding by virtue of execution of the settlement. In the determination dated 3 June 2016, the Authority upheld the defences raised by the Trust and concluded that Ms Singh was therefore precluded from pursuing her claims in the Authority. She has filed a challenge to that determination, seeking a hearing de novo. Pleadings [5] The original statement of claim filed on behalf of Ms Singh contained considerable detail as to the factual background to the dispute. If the Cour...

2. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

   ...Gilroy, which culminated in Mr Chen receiving a verbal warning on 11 March 2008. [3] Mr Chen then resigned his employment on 13 March 2008. He proceeded to raise a grievance about the warning. This remained unresolved after mediation and he then filed a statement of problem to the Employment Relations Authority (the Authority) in January 2009. [4] A determination was issued by the Authority on 3 June 2009 with the finding that Mr Chen does not have a personal grievan...

3. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...pay of $1,500. Surprisingly, her inaction is said to have been after taking legal advice, which the plaintiff is continuing to receive as and when she believes she needs it. Ms Swarbrick is correct that Ms Twentyman is wrong to believe that the filing of a challenge stays automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than...

4. Zhang v Deng [2012] NZIACDT 26 (31 May 2012) [pdf, 129 KB]

   ...immigration adviser, she obtained a licence on 1 April 2009. [15.2] Ms Deng failed to enter into a written agreement with Ms Deng for the provision of immigration services. [15.3] Ms Deng received Ms Zhang’s passport, and was paid the sum of $1,580 as fees and disbursements when instructed. [15.4] Ms Deng filed an application for a visitor’s permit, but failed to provide the necessary medical and x-ray certificates. [15.5] Immigration New Zealand notified Ms Deng of the require...

5. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...Pay and support through the complaints process we think are the big issues. There is a real need for improving recruitment and retention of psychologists. These seem to be overworked and perhaps underpaid and has a huge impact on the files that are ready for hearing and dictates a lot of when our files can be set down. Urgent action on how these can be recruited and retained. Psychological critique report writers should be required to be approved report writers unde...

6. [2012] NZEmpC 135 Yu v Symbol Spreading Ltd [pdf, 65 KB]

   ...use of money he was otherwise entitled to. [15] The defendant is, therefore, ordered to pay Mr Yu unpaid wages in the sum of $7,184.80 together with interest at $755 along with the $2,000 compensation awarded by the Authority and the Authority filing fee of $70, making a total sum of $10,009.80. A D Ford Judge Judgment signed at 11.15 am on 7 August 2012

7. AE v ZV [2014] NZDT 559 (9 June 2014) [pdf, 32 KB]

   ...awarded in Tribunal proceedings (Disputes Tribunals Act 1988 s 43), parties to a contract can agree to include provision for costs in their contract. Costs could include the cost of seeking legal advice and taking time off work as well as the filing fee. Comparison of agreed damages with potential loss [19] The agreed sum would be a penalty if it were extravagant and unconscionable in amount in comparison with the greatest loss that could possibly follow from the breach. However...

8. Pahau - Puketapu 4 (2001) 150 Gisborne MB 174 (150 GIS 174) [pdf, 342 KB]

   ...causing further financial hardship. 8 The Block has a registered mortgage over the property which the Applicant is having difficulty in meeting and if further problems are encountered a mortgagee sale is likely." After the application was filed I directed the applicant to advertise that the intention of the application was to facilitate sale. In line with Re Lama Cleave (1995) 3 NZ Conv 192, the applicant was also directed to comply with Rules 110-114 of the Maori Land Court Ru...

9. LCRO 223/2018 UT v VU (20 March 2019) [pdf, 96 KB]

   ...It is difficult to envisage what more Mr VU could have told Mr UT to submit that would add weight to the materials Mr UT had already produced. [14] As to the second question Mr UT asked, Mr VU’s advice was to check the information on the INZ file so that Mr UT would know what INZ knows. That advice was pragmatic and uncontroversial. [15] As to the third question, Mr UT wanted to know from Mr VU what would constitute a change of circumstances that would be acceptable to INZ to s...

10. N Ltd v K Ltd [2021] NZDT 1559 (8 September 2021) [pdf, 94 KB]

    ...some legal advice and that this is a loss which arises directly from K Ltd’s actions. However, the amount claimed by N Ltd includes the cost of the solicitor preparing lengthy submissions for the Tribunal and completing the Tribunal Claim form for filing. The cost of preparing for and attending a Tribunal hearing are “costs” of proceedings. The Tribunal is not able to award costs, except in very limited circumstances which do not apply here. Therefore that part of the legal costs...