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1. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...Judgment: 29 October 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] This is a de novo challenge from a determination of the Employment Relations Authority (the Authority). 1 The Authority dismissed a personal grievance filed on Mr Yang’s behalf, finding that he was a contractor rather than an employee. The challenge proceeded by way of formal proof hearing. Counsel acting for the defendant company had previously been granted leave to withdraw, and the comp...

2. CAC20005 v Sengupta [2015] NZREADT 81 [pdf, 269 KB]

   ...West Property Management. His most recent contract with Buy West was dated 1 April 2011. This contract made it clear that whatever information he obtained whilst a member of Buy West Realty was to remain confidential. The contract said that office files and computer information remained the property of the company. Mr Sengupta agreed not to solicit Buy West clients when this contract was terminated and to all the other terms. [4] Shortly before the end of March 2012 Mr Sengupta ga...

3. Fenwick - Whakapoungakau 24 (2011) 45 Waiariki MB 252 (45 WAR 252) [pdf, 137 KB]

   ...info@mokoia.co.nz C Bidois, East Brewster Limited, PO Box 1742 Rotorua 3040 Email: curtis.bidois@eastbrewster.co.nz mailto:david@dowthwaitelaw.co.nz mailto:curtis.bidois@eastbrewster.co.nz 45 Waiariki MB 253 Introduction [1] The trustees have filed an application for the appointment of George Habib as a responsible trustee for Whakapoungakau 24 to replace the late Winnie Emery. Dr Habib was elected at a meeting of owners convened at the Court’s direction held on 5 Novemb...

4. Wellington International Airport Limited Legal Submissions - 10 December 2018 [pdf, 217 KB]

   ...to the economic position which has in fact improved since the RC Application was first lodged making the current RC Application economic reports conservative. In any event it is standard practice for economic figures to be updated between the filing of an application and the filing of evidence. 34. In this regard it has been asserted that the RC Application is so out of date that it has become stale. In April Mr Kyle prepared a report on the various technical reports and whether...

5. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   ...report were issued on 2 October 2014, 26 October 2018 and 5 May 2023. They point out a number of construction defects in relation to various works done on the property. 5 [16] On 20 February 2023, the claimants applied for adjudication and filed their particulars of claim with the Tribunal. Criteria for removal under s 112 of the WHRSA [17] Section 112 of the WHRSA provides that the Tribunal may order that a person be removed from adjudication proceedings if it considers it...

6. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   ...[31] Mr and Mrs Malik said in evidence that as a consequence of the stress of the leaky home they elected to move cities. They vacated the Auckland home in early December 2009 and moved to the Hawkes Bay. [32] Mr Malik said that after filing the application for adjudication, he attempted settlement negotiations with Auckland Council but without success. Page | 12 Respondents not proceeded against Sixth Respondent [33] At a witness summons hearing o...

7. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...further 18 matters, seven of which are the subject of this RIS.  The remaining matters have  either  been  subject  to  a RIS  as  part  of  the  first  paper,  the  RIS  produced  for  the  Cabinet  decision on civil fees (noted in [CAB Min (13) 16/10]) or do not require a RIS.   3. This paper assesses the following proposals:   Judicial matters   Extending eligibility for judicial appointment;  Appeal processes   I...

8. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...of costs on this challenge, not least because Mr Yukich told me that he works for the union, of which the plaintiffs are members, in a voluntary capacity. The plaintiffs are, however, entitled to disbursements from the defendant including the filing fee and reasonable travel and accommodation expenses for Mr Yukich, to be set by the Registrar if the parties cannot agree on these. GL Colgan Chief Judge Judgment signed at 2 pm on Thursday 1 May 2008...

9. Gilbert Family Trust - Marokopa 3 Block (2015) 97 Waikato Maniapoto MB 68 (97 WMN 68) [pdf, 201 KB]

   ...reason for seeking a change of status was to avoid the legal complications associated with having a small area of Māori freehold land within the larger general land area of the farm. In particular he referred to issues raised by Peter Pou who filed an intention to appear with the Court. Peter Pou’s evidence [12] Peter Pou is the son of Te Tau Haereiti, a daughter of Te Renga Riterite. Te Renga Riterite was the sole successor to the original owner of Marokopa 3, Tamaranga Kahu...

10. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

    ...said that the Coopers agency agreement was ever cancelled. However, in his evidence to us, the appellant recalled that shortly after the vendors listed with Eves, the latter would have cancelled the Cooper agency. We asked that the relevant Eves file be located and checked in that respect and adjourned the case for that to be done. The position now seems to be that the experienced salesperson handling the sale at Eves could be relied on to have cancelled the Cooper agency but there is...