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1. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...context in which the transaction occurred, she or he believed they would be able to pay the debt when it fell due. The defendant can escape liability by proving on the balance of probabilities that, for example, the default occurred for a reason such as job loss or bank error. This evidence may emanate from the bankrupt's personal knowledge to which the Assignee would not have access. 75. Clause 203 (Presumption of insolvent gift) presumes that gifts made within 6 months immediatel...

2. [2018] NZEmpC 88 Lorigan v Infinity Automotive Ltd [pdf, 321 KB]

   ...was asserted that Mr Lorigan had been an employee of those entities between October 2008 and (in effect) March 2009. It went on to state that on 14 April 2009, Mr Lorigan was told that he had to sign an IEA with Perry’s, or he would have no job. It was pleaded that when he signed the IEA, he had yet to receive the legal advice which he had requested, but as he could not afford to be without work and believed the agreement would be withdrawn if he did not sign, he did so. [1...

3. [2021] NZACC 35 - Kinney v ACC (15 February 2021) [pdf, 202 KB]

   ...one, as a discrete injury over and above the acknowledged degenerative changes. [90] It needs to be acknowledged that all the information on the file provides a picture of the appellant as a conscientious, hard working man who gets on with the job and who is not held back by back injuries, discomfort or pain that many others would regard as significant and debilitating. [91] In his evidence before the Reviewer, the appellant describes the events from 21 January 2017 onwards as fo...

4. [2020] NZEmpC 203 A Labour Inspector v Chhoir [pdf, 331 KB]

   ...individual in this case is appreciably less than that sustained in Newzealand Fusion International Ltd. However, I am satisfied that each was adversely impacted. Ms Wood described feeling cheated and exploited, as well as fearful of losing her job because of her status as a migrant. The hours of work and lack of days off also strained her marriage. Ms Salvador said that the experience was traumatic, and described physical, mental and emotional pain and trouble sleeping. [35] T...

5. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...1998 he was the incorporation's secretary and accountant. He is also one of its shareholders. As the loans were made in 1988 and 1989, Mr Goldsmith would have been aware of them due to his role within the incorporation. Put simply, it was his job to know the state of the incorporation's finances as accountant - secretary and it was in his interests to know as a shareholder. None of the witnesses that appeared before me were better placed to give evidence on this point. Mr Gol...

6. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

   ...been a loyal and hardworking employee of the company for over 12 years and believed that he had a bright future with it going forward. That was unceremoniously pulled out from underneath him in a way which left him hurt and confused. His job plainly meant a lot to him. He had the spectre of looking after his family and significant concerns about his ongoing financial capacity to do so, including meeting his daughter’s school fees and other commitments. In addition, he...

7. Barcello-Gemmell - Gore Blocks XVII and XIX Sec 90B2 (2001) 95 South Island MB 36 (95 SI 36) [pdf, 4.8 MB]

   ....Ramoana Love's authority ought not to be doubted in the absence of evidence that she is not able to speak on behalf of her late husband." In the context of proceedings such as these, it appears to me that Mr Chap man would not be doing his job were he to remain silent on these matters. The points he has raised go to the standard of the evidence before the Court. Ms Ertel asserts the authority of Nokuru Love and Ramoana Love to speak for their families, but in fact the Court k...

8. [2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd [pdf, 674 KB]

   ...obvious difficulties, for instance where there are two driving periods of approximately three hours. Some of the other four shifts contain similar problems. [81] On this topic, Ms Snelgrove said that this was an understood and expected part of the job, particularly where a driver has prior experience such as Mr Derbie; such a person could be expected to know about the challenges of intermittent breaks. [82] No doubt a degree of personal organisation is required. There was no medic...

9. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...not require the Court to apply a microscope to the task of assessing whether the minimum standard (as opposed to the gold-plated standard) has been met. A sense of realism must be brought to bear; otherwise it runs the risk of making a difficult job even more cumbersome, and of undermining Parliamentary intent. [55] Was enough done? The obligation to identify adequate reasons for a decision has been discussed in a number of recent cases spanning different jurisdictions and was...

10. LCRO 124/2017 RG v XP (4 December 2018) [pdf, 250 KB]

    ...to check an apparent discrepancy, the contention that the Court was misled is firmly rejected. [56] It is acknowledged that Mr XP’s lawyers properly took the precaution of ensuring the discrepancy was brought to the Court’s notice. Their job was to protect and advance Mr XP’s interests. There was no reason for them to miss an opportunity to do that. Some 14 clients instruct their lawyers to take every point. Perspectives vary, what may seem minor to one person may be...