Search Results

1. SG v Accident Compensation Corporation (Lack of Jurisdiction) [2024] NZACC 158 (2 October 2024) [pdf, 158 KB]

   ...OF THE ACT BETWEEN SG Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 September 2024 Heard at: Auckland/Tāmaki Makaurau Appearances: D Wood for the Appellant K Anderson KC for the Respondent Judgment: 2 October 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE A A SINCLAIR [Lack of Jurisdiction s 54, 64 and 134(1)(b) Accident Compensation Act 2001] _________________...

2. [2007] NZEmpC CC 28/07 B & D Doors Ltd v Hamilton [pdf, 77 KB]

   ...Authority BETWEEN B & D DOORS LIMITED Plaintiff AND RORY HAMILTON Defendant Hearing: Christchurch 11 and 12 June 2007 (Heard at Christchurch) Appearances: Tim McGinn, Counsel for Plaintiff F J Wall, Advocate for Defendant Judgment: 18 December 2007 JUDGMENT OF JUDGE A A COUCH [1] The plaintiff makes garage doors. Traditionally these were clad in metal. In 2002, the plaintiff expanded its range to include doors with wooden cladding. The defendant...

3. Guo v CAC304 & Ors [2015] NZREADT 35 [pdf, 258 KB]

   ...licensee is obliged to present offers in writing and that an offer, once obtained, must be brought to the attention of the vendor in a timely manner. However, the Committee 5 noted that a licensee must also be free to make professional judgments, based on experience and prudence, in the best interest of both customers and clients. As a result, the Committee found that the conduct of Ms Yan was consistent with reasonable expectations of a licensee. [13] In respect of the all...

4. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

   ...VMR) Appearances: A Fechney, applicant in person and K Murray, advocate for applicant No appearance for first respondent H Kynaston and H Khan, counsel for second respondent S McKechnie and T Bremner, counsel for intervener Judgment: 23 March 2022 JUDGMENT OF JUDGE J C HOLDEN [1] Ms Fechney is an employment advocate who recently has been acting in a number of cases in which employees, or former employees, have challenged the application of th...

5. Emtage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC166 [pdf, 288 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Second Respondent Submissions: N McAllister for the Applicant P O’Sullivan for the First Respondent I Hunt for the Second Respondent (abiding the Court’s decision) Hearing: On the papers Judgment: 16 October 2023 JUDGMENT OF JUDGE P R SPILLER Introduction [1] This is an application for leave to appeal against a judgment of His Honour Judge McGuire, delivered on 24 May 2023.1 The central issue in the appeal was...

6. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...Authority BETWEEN DARREN PYNE Plaintiff AND INVACARE NEW ZEALAND LIMITED Defendant Hearing: 10-11 and 19-20 July 2023 Appearances: P Pa’u, advocate for plaintiff E Butcher and C Joy, counsel for defendant Judgment: 25 October 2023 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Mr Pyne was employed by Invacare New Zealand Limited (the company) and was subsequently dismissed for redundancy. The Employment Relations A...

7. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...AND MIDWIFERY EMPLOYEE REPRESENTATION AND ADVISORY SERVICE INCORPORATED Defendant Hearing: 4 November 2024 (Heard at Wellington) Appearances: L Acland, counsel for plaintiff S Mitchell KC, counsel for defendant Judgment: 24 January 2025 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE B A CORKILL (Determination of a preliminary legal issue) Introduction [1] In my first interlocutory judgment, I approved a preliminary legal issue which concern...

8. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...2010 (Heard at Christchurch) Appearances: C H Toogood QC and R S Brown, counsel for plaintiff Jane Costigan, counsel for the first defendant A Shakespeare, counsel for second defendant P Shamy and K Dalziel, counsel for the third defendant Judgment: 17 May 2010 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has sought leave to amend its pleadings as to the quantum of damages it is seeking against the defendants. The amendment consists of deleting...

9. [2018] NZEmpC 3 Kazemi v Rightway Ltd [pdf, 221 KB]

   ...Hearing: On papers filed on 21, 28 November and 5, 11, 12, 14 and 21 December 2017 Appearances: T Drake, counsel for applicant G Service, counsel for first, second and third respondents D Jhinku, counsel for fourth respondent Judgment: 13 February 2018 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] On 3 October 2017 the applicant (Ms Kazemi) filed a challenge to a determination of the Employment Relations Authority declining to remove a...

10. [2017] NZEnvC 124 Skyline Enterprises Ltd v Queenstown Lakes District Council [pdf, 12 MB]

    ...to whether we can be satisfied that the undergrounding condition sought by ZJV would fulfill a proper resource management purpose. What constitutes a proper resource management purpose will usually be a question of degree, inherently calling for judgment on the properly principled evidential basis. [53] ZJV (NZ) sets out a series of steps for a process of risk management. These are drawn from the expert evidence the court heard in that case on the application of the Australian/New...