Search Results

1. [2009] NZEmpC CC 1/09 Murray v Godley House Limited [pdf, 33 KB]

   ...amount of that further contribution. I will then make an order as to costs. If Mr Murray is not liable for any further contribution to his costs, there will be no order for costs in this proceeding. [29] Mr Marsh concluded his submissions with a request that I fix the amount of costs I would have awarded had Mr Murray not been legally aided. Without knowing what costs have actually been incurred by Godley House Ltd, and in the absence of the information necessary to assess whet...

2. [2015] NZEmpC 114 TGP v TFE and SDI and TDI [pdf, 154 KB]

   ...order pursuant to cl 12 of sch 3 of the Employment Relations Act 2000 (the Act) that no person is to publish the identities of the parties to these proceedings or to the proceedings before the Authority from which this challenge emanates or any information which may tend to identify any of those parties. 5 [5] In addition, Chief Judge Colgan made an interim order staying the Authority’s direction declining the application that the parties not be referred to mediation. 6 While...

3. Tamang v Varquez [2015] NZIACDT 78 (31 July 2015) [pdf, 186 KB]

   ...existed but could not produce. He then asked for a rehearing, without complying with the procedure set out for doing so. He also presented documents, including what appear to be public criticisms, from an internet source, of the practice where he formerly worked. Discussion Rehearing [15] Mr Varquez has consistently failed to comply with the Tribunal’s processes for presenting a response to this complaint. He received a form on which he could present a statement of reply, and faile...

4. Takimoana v The Trustees of the Te Tii Waitangi B3 Ahu Whenua Trust (2015) 104 Taitokerau MB 139 (104 TTK 139) [pdf, 181 KB]

   ...Trust was served with the application and was notified of the hearing. Despite that no one appeared for the Trust at the hearing today. [10] As is standard practice with oral decisions I reserve the right to amend this decision but only as to form not as to substance and not to change the outcome of the decision I am about to make. The Law [11] The Court has jurisdiction as per s 19 of the Act to grant both interim and permanent injunctions. Section 19 states: 19 Jurisdiction i...

5. AC v Secretary for Justice 20 March 2012 NZRA 000003 [pdf, 99 KB]

   ...discretion the Secretary considered the following factors; (i) the complaints were serious raising questions about professionalism service delivery and conduct (ii) the failure of the applicant to comply with the contractual obligation to inform the appropriate agency at the time of the complaints (ii) the overarching purpose of the Act which was to improve the quality of legal aid services 5 The Applicant’s Response [12] She submits that the Secretary’s crit...

6. Ratima v Sullivan - Tataraakina C Trust (2012) 18 Takitimu MB 75 (18 TKT 75) [pdf, 162 KB]

   ...will be sent to the case manager for approval by the Court. As part of his original expression of interest Mr Hemana gave an indication of the likely costs that would be incurred for his services. Contract for services [8] Mrs Awatere-Huata requested permission to attend the Chamber’s conference and make further submissions on her position. More recently Mrs Awatere-Huata has been in contact with Court staff seeking clarity as to the status of her contract and whether or not it...

7. [2014] NZEmpC 77 Rodkiss v Carter Holt Harvey Limited [pdf, 106 KB]

   ...trust them again and felt my working relationship would never recover. It was an agonising decision for me to make and I told Audrey that it was probably the hardest I had ever had to make. Before I left the building with my wife and lawyer I informed the mediator to tell DA and GA that I was resigning my position and would not be returning to the workplace. I did not return to work. [4] The defendant does not dispute that evidence can be given to the effect that the parties a...

8. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...of primary allegations remaining against LSG, it would be a difficult exercise to specifically isolate those attendances where one counsel was representing all three defendants with similar issues and interests. Mr Pollak’s suggestion of some form of percentage discount might be appropriate if indemnity costs were to be awarded. [21] As I have indicated, Mr Pollak has already conceded that a charge for subsequent attendances following the withdrawal of the proceedings against Mr...

9. [2014] NZEmpC 202 Hutchison v Nelson City Council costs [pdf, 112 KB]

   ...of that determination was brought, although I accept that the position was not altogether straightforward from Ms Hutchison’s point of view. The chronology is: (a) On 25 January 2013, counsel for NCC provided submissions to the Authority requesting costs for the two matters previously determined by the Authority; (b) On 27 January 2013, Ms Hutchison asked what the Authority required from her “… to ensure that costs are held in abeyance at this stage”; (c) By email of...

10. [2015] NZEmpC 219 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 108 KB]

    ...JUDGE G L COLGAN [1] Because of the large numbers of parties in these proceedings, the widespread interest in them, and the importance of the issues, I have decided to record the results of yesterday’s hearing in Chambers with counsel in the form of an interlocutory judgment. There are several separate (although connected) matters or issues that need to be dealt with promptly. [2] Other than at the AFFCO Wairoa plant, the other works covered by this proceeding appear to have...