Search Results

1. [2010] NZEmpC 21 Industrial Services Nelson Ltd v Stewart [pdf, 31 KB]

   ...direction to serve the statement of claim within seven days. After investigating the matter, once new solicitors were instructed, they filed an application for an order extending the time on 23 December 2009. The new counsel did not have any formal address for service for the defendant. On 24 December 2009 the defendant was apparently sent by email a copy of counsel’s covering letter which listed the documents to be served and asked her to confirm her address for service. As n...

2. [2012] NZEmpC 64 Wade v Hume Pack-N-Cool Ltd [pdf, 76 KB]

   ...took place more than four years ago, as did the determination of it. There is no explanation for the significant delay in applying to the Authority to reopen its investigation. Nor is there any suggestion that the circumstances leading to the request for a reopening had only come to Mr Wade’s notice recently. Indeed the contrary is true, that is, he seeks to put forward the same allegations and, although asserting that he can “now prove my fraud allegations”, there is no in...

3. [2009] NZEmpC AC 50/09 Orakei Korako Geyserland Resort (2000) Ltd v Unsworth [pdf, 31 KB]

   ...Limited (Orakei Korako). He alleges that he was dismissed from his employment on 26 September 2005. On 19 December 2005 he raised a personal grievance for unjustified dismissal with Orakei Korako. That was never resolved. He alleges that he requested mediation, which was declined by Orakei Korako. On 17 December 2008, within the period prescribed by s114(6) of the Employment Relations Act 2000 (the Act), Mr Unsworth posted for filing a statement of problem to the Employment Rel...

4. [2009] NZEmpC AC 11/09 EBIIWU v Pedersen Industries Ltd [pdf, 32 KB]

   ...of that evidence and decided important parts of the case on it. [5] The relevant facts are these. The defendant operates the Tasman chip mill near Kawerau and has done so since about 2004 when it purchased that aspect of the operation from its former owner, Carter Holt Harvey Ltd. There are a number of employees at the site and for the purpose of this case the nature of their employment can be defined in one of two ways. There are operators who operate machinery and plant used in t...

5. [2006] NZEmpC AC 70/06 Skinner & Anor v Stayinfront Inc [pdf, 43 KB]

   ...SKINNER WARREN GREGORY TOBIN Plaintiffs AND STAYINFRONT INC Defendants Hearing: Written submissions dated 1 and 3 August and 5 and 11 September 2006 Judgment: 8 December 2006 JUDGMENT OF JUDGE C M SHAW [1] The parties have requested a ruling on a preliminary question concerning the scope of a challenge brought by the plaintiffs against a preliminary determination of the Employment Relations Authority concerning two personal grievances. The question is whether...

6. [2007] NZEmpC AC 22/07 Khan v Khan [pdf, 34 KB]

   ...having the benefit of the decision and judgment by the Employment Tribunal that I have mentioned, then filed a proof of debt with the Official Assignee but the debt was never met. Certainly no dividend was ever paid according to what I am now informed. [8] In any event, the matter came back before me on 9 February 2007. There was not a hearing on that day but simply by that stage there had been an application made by Mr Mahmood Khan to strike out the appeal and there h...

7. [2015] NZEmpC 160 Shanmuganathan v PowerNet Ltd [pdf, 139 KB]

   ...per cent of the fair and reasonable costs, as assessed earlier. That is, he should be paid the sum of $8,670.95. [23] Finally, I deal with the claim for disbursements. No issue is taken as to those by Ms Thomas. In fact three of them, being forms and incidentals, toll calls, and photocopying and printing were included in Mr Shanmuganathan’s invoices which have already been considered. I allow the remaining two, a filing fee and a hearing fee totalling $1,206.24. [24] In su...

8. Walker v Sinclair - Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 (62 TTK 203) [pdf, 125 KB]

   ...Trustee (2012) Ltd. Procedural history [7] On 23 December 2011 Ngaio Walker applied to the Court for a judicial conference in relation to an application per s 115 of the Act for succession to the estate of Joan Walker. The judicial conference was requested to determine her rights of succession. [8] This application was initially not accepted by the registry. An amended application per s 115 of the Act was then submitted. In that amended application Ms Walker sought urgent ord...

9. Environment Court annual report 2003 [pdf, 162 KB]

   ...Environment Commissioners OM Borlase (Appointed 3 March 2003) Dunedin Dr BR Gollop (Appointed 3 March 2003) Whangarei R Grigg Akaroa J Kearney (Retired 28 February 2003) Auckland 2.2 Additional Dispute Resolution3 (ADR) This aspect of the Court’s work forms an important component. The Court continues to promote this process and it has proved to be an increasingly acceptable alternative to a hearing for many parties. 3. RESOURCES 3.1 Initiatives/Special Projects The funding approve...

10. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

    ...digit as required), so that everyone in the courtroom is literally “working off the same page”. It is also quite 5 possible to introduce common tab references as a further navigation aid that resembles traditional means of accessing information during a hearing. With such measures in place, each user can then manage his or her own i-pad as desired. For instance, as to indexing and sub-indexing formats. Some cautions Technology of this kind needs to b...