Search Results

1. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

   ...plaintiff will face considerable financial difficulty in meeting any award of costs made against her in the Employment Court if she is unsuccessful on her challenge. It appears that she is currently unemployed and has been for some time, although no information has been provided in relation to what (if any) assets she has, or the extent of any financial reserves she might have available to her to meet any future costs award. [11] Counsel for the defendant estimates that the likel...

2. Te Purei - Rahui A12D (2012) 25 Tairawhiti MB 272 (25 TRW 272) [pdf, 122 KB]

   ...that, although the applicant was not present at the Court hearing, he was present at the Court immediately after the hearing. He was told the outcome of the hearing by two of the trustees, so at this time, on the day of the order, he could have requested the case manager to have the case recalled. He could have raised his concerns with the Court staff and sought assistance from them. He could have sought legal advice after considering his position. Instead, he took no steps for appr...

3. Kelly - Mimitu Ruarei 13A (2011) 18 Taitokerau MB 45 (18 TTK 45) [pdf, 131 KB]

   ...contour, which extends towards a roadway which provides access to Te Hepara Pai Urupa. To the rear of this roadway the contour falls away with easy sloping contour towards the North East. The property has access to Mangakahia Road and there is also a formed access way extending off Rika Road which provides access to the rear of the property. This roadway which provides access to the Urupa severs or dissects a triangular portion off the rear of the block, and it is this part of the...

4. Johnston & Vining Realty Group Ltd v CAC 20002 & Reid [2013] NZREADT 82 [pdf, 37 KB]

   ...relation to our substantive decision will adversely impact on their incomes. [8] The Authority opposes this application for an order restricting publication. Counsel for the second respondent did not wish to file submissions but put it that “if requested for my client’s position would support the position adopted by the REAA’s counsel”. Restriction on publication – principles [9] Proceedings before us under the Real Estate Agents Act 2008 are generally open to the publi...

5. [2014] NZEmpC 218 Puna Chambers Inc v Christensen interlocutory [pdf, 101 KB]

   ...Appearances: D Hayes, counsel for plaintiff S McKenna, counsel for defendant Judgment: 26 November 2014 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] Ms Christensen was previously employed by the plaintiff (formerly the Montessori Foundation) as a caregiver. She was dismissed and subsequently pursued a personal grievance in the Employment Relations Authority (the Authority) claiming that her dismissal had been unjustified. The Author...

6. [2015] NZEmpC 31 Judith Davidson v Stephen Kelly [PDF, 96 KB]

   ...owing by Mr Kelly to Ms Davidson for unpaid salary, unpaid expense reimbursements, unpaid holiday pay and loans which Ms Davidson had apparently made to Mr Kelly over the years and which remained owing. It was debatable whether this latter item formed part of the employment relationship problem or whether it was more properly a civil dispute between them. [2] On 19 September 2013, Ms Davidson filed an application with the Employment Relations Authority. The total sum which she so...

7. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...DISPUTES TRIBUNAL The Tribunal hereby orders that the claim against ZYL and ZYK is dismissed. Facts [1] ABS Ltd owns 18 acres of land adjacent to land jointly owned by ZYL and ZYK. The boundary was fenced with a 7-wire fence. In the claim form, ABS Ltd stated that ZYL’s cattle trespassed onto its property in July 2006, causing damage to native plants in an area of approximately 150 metres by 30 metres. On the day in question, ZYL spoke to MB, a tenant in a house on AB...

8. Walters - East Taupo Lands Trust (2011) 272 Aotea MB 241 (272 AOT 241) [pdf, 118 KB]

   ...the trust. At a subsequent Chamber’s conference, Mr Te Heuheu advised me that he would prefer any fees due to him were paid to Mr Maniapoto to assist with research on behalf of the trust and its beneficiaries. 2011 Annual Accounts [9] At my request the accountants for the trust provided the Court with a copy of the draft annual accounts for the year ending 31 March 2011. Those accounts disclose the following: (a) gross income: $406,253.00 (2010 $508,064.00) (b) expenses:...

9. Nuku v Hawea - Poukawa 13B (2011) 10 Takitimu MB 107 (10 TKT 107) [pdf, 92 KB]

   ...issued in 2007. 1 193 Napier MB 19 2 1 Tākitimu MB 4 3 193 Napier MB 243 10 Takitimu MB 109 Moreover, the decision on quantum was issued in 2009, two years ago. Despite repeated requests, the former trustees have failed or refused to meet their obligations under the judgments issued against them. [6] Counsel also argued that the former trustees have had ample opportunity to take any further steps that they consi...

10. Hall v Opepe Farm Trust (2011) 45 Waiariki MB 142 (45 WAR 142) [pdf, 179 KB]

    ...another Court “will also be raised in the appeal to the Court of Appeal.” [13] By memorandum dated 14 December 2011 Mr McKechnie responds to Ms Opai’s memorandum by submitting that his client opposes the conditions for payment of costs as requested by the Second Respondents. Counsel also points out that the issues raised in paragraph [12] (e) – (f) above were not raised in this Court nor the Appellate Court and consequently are not matters that can properly be raised in the...