Search Results

1. [2007] NZEmpC AC 38/07 Centurion GSM Ltd v McCarthy [pdf, 19 KB]

   ...of the callover. The Registrar has been able to allocate 3 days for the hearing of this matter. The hearing will commence at 9.30am on 14 August 2007. If necessary the hearing will continue on 15 and 16 August 2007. [7] The parties have requested a Judicial Settlement Conference. One half day commencing at 9.30am on 26 July 2007 has been allocated for the Judicial Settlement Conference. In preparation for that conference the parties are agreed that they should each prepare,...

2. [2012] NZEmpC 180 Haig v Edgewater Developers Ltd Interlocutory [pdf, 53 KB]

   ...evidence of Frederick Rosetti taken by video link with Connecticut in the United States of America. The defendant opposes this course for a number of reasons including its extreme lateness, the abandonment of the plaintiff of use of the Letters of Request procedure, the probable unavailability to the witness of a bundle of documents, and the alleged inadmissible nature of Mr Rosetti’s evidence. [4] I will not prohibit Mr Rosetti from giving evidence, either in the courtroom in Ne...

3. Murray 11 March 2014 NZSHD 3 [pdf, 51 KB]

   ...as a “Police Objection”. When there is a Police Objection the Authority must decide whether the applicant is a fit and proper person to hold a certificate. The Present Application [10] The application was received on 6 December 2013. In form, the application complied with the requirements of s.21(1) of the Act and the report on the applicant obtained by the Authority under s.24 of the Act revealed no disqualifying convictions. [11] The application and the report were sent to...

4. [2013] NZEmpC 123 Grocott t/a Fluffy's Roof Coatings v Parratt [pdf, 55 KB]

   ...total $2,734.34. [3] I accept that those costs were reasonably incurred. This was a challenge by an unsuccessful employer to the determination of a personal grievance and a claim for arrears of wages. In such circumstances, the conventional form of pleading does not provide a clear picture of the parties’ positions and the issues. Accordingly, I directed the defendant to file a “defendant’s claim” to which the plaintiff was required to respond. On behalf of the defenda...

5. [2013] NZEmpC 121 Thunderbird One Ltd v Harrington [pdf, 52 KB]

   ...plaintiff”. However, other than in the intituling, the statement makes no reference to the “first plaintiff” and seeks no relief on behalf of that company. The application for extension of time was made solely by Thunderbird One Limited. The form of these documents reflects the Authority’s conclusion in its first determination that the applicant was the respondent’s employer. That determination was not challenged. On the material currently before the Court, there is n...

6. [2016] NZEmpC 21 Davidson v Kelly [pdf, 71 KB]

   ...funds would be available from the settlement of a commercial transaction on Friday, 11 March 2016, but this had been delayed. It was anticipated settlement would take place later on 14 March 2016, and that the funds would then be available. He requested the Court to review the matter later in the week. [6] Mr Beresford stated that there could be no impediment to a compliance order being made immediately in respect of the sum which Mr Kelly had not paid, so that Ms Davidson coul...

7. ENVC Matiatia party corresp WMLNov14 memo of counsel [pdf, 63 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Memorandum on behalf of Waiheke Marinas Ltd Dated 3 November 2014 Richard Brabant/Jeremy Brabant B...

8. ENVC Matiatia party corresp agreed statement issues [pdf, 74 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of a Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 AGREED STATEMENT OF ISSUES IN CONTENTION Dated 16 September 2014

9. Bayley v REAA & McMillan [2013] NZREADT 34 [pdf, 21 KB]

   ...salesperson at the Manukau office of Bayleys Real Estate Ltd, in error, had parties to an agreement for sale and purchase of a Pakuranga commercial property sign it on the basis of the 2 price being GST inclusive rather than plus GST, if any. The form of agreement provided both those options but stated that if neither was deleted then the purchase price “includes GST (if any)”. Neither option was deleted. Accordingly, the agreement did not reflect what the parties had agr...

10. Li 12 November 2014 NZSHD 12 [pdf, 28 KB]

    ...been revealed pursuant to the check under the Act relate to the same Mr JI XIANG LI who has applied for the renewal of his certificate number 760745. The full name, date of birth and driver’s licence details are identical on Mr Li’s application form and on the list of criminal convictions. [15] The Authority notes in particular that two of the convictions recorded against Mr Li on 21 July 2014 are for the offence of Receiving pursuant to s.246 and s.247 of the Crimes Act 1961. [16...