Search Results

1. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...Respondent Hearing: 5 June 2020 (Heard at Auckland) And by written submissions filed on 8 and 22 September 2020 Appearances: Applicant in person Appearance for respondents excused J Catran, counsel assisting the Court Judgment: 13 November 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Mr Samuels represented Ms Lang in a case before the Employment Relations Authority. He has appeared in the Authority a number of times. Mr...

2. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...O'FLYNN Plaintiff AND THE SOUTHLAND DISTRICT HEALTH BOARD Defendant Hearing: 17 September 2007 (Heard at Wellington) Appearances: H B Rennie QC and Penelope Ryder-Lewis, Counsel for the Plaintiff J G Miles QC, Counsel for the Defendant Judgment: 2 November 2007 JUDGMENT OF JUDGE C M SHAW [1] This is an application for further and better particulars of the statement of claim made by the defendant in the proceedings. Relevant principles of law [2] Re...

3. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...Defendant AND SERVICE AND FOOD WORKERS UNION Intervener Hearing: 11-14 April 2011 (Heard at Auckland) Counsel: Rob Towner, counsel for plaintiff Garry Pollak, counsel for defendant Timothy Oldfield, counsel for intervener Judgment: 18 May 2011 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff claims to be legally entitled to transfer from his previous employment to new employment with the defendant (LSG) which has recently obtained a catering contract t...

4. OIA-Use of rough sex defense in court [pdf, 1.2 MB]

   ...criticisms of the Lazarus case, in which the defendant was accused of rape. He was found guilty at trial, but a retrial was ordered following incorrect judicial directions about NSW consent laws. In the retrial, the judge acquitted the defendant; the judgment included an observation that the complainant did not verbally protest or ‘take any physical action to move away.’ The prosecutor’s appeal was successful and the acquittal was set aside, but a retrial was not ordered on the basis...

5. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...cited Justice Andrews‟ decision in Cao v Tony Tay & Associates Limited (in Liquidation) in support of her submission that the facts of this case suggest that diminution in value is the appropriate award. Ms Divich stated that Andrews J‟s judgment where it was stated that:17 T]here may be a different measure of damages in each particular case. Which measure is ultimately chosen in each case is the one that is reasonable and makes the most sense in that case. [61]...

6. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

   ...THE ACT BETWEEN KELVIN FISHER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgment: 9 February 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Measurement of Hearing Loss - Personal Injury s 26(1A) Accident Compensation Act 2001] ______________...

7. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

   ...BETWEEN ROBERT HARRIS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 November 2022 Heard at: Christchurch/Ōtautahi Appearances: The Appellant in person via Video Link Mr I Hunt for the Respondent Judgment: 1 December 2022 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE [Personal Injury and Entitlement to surgery s 26, s 67 and Schedule 1 Accident Compensati...

8. Johnston v Hawea - Poukawa 13B Trust (2008) 193 Napier MB 243 (193 NA 243) [pdf, 136 KB]

   193 Napier MB 243 IN THE MAoRI LAND COURT OF NEW ZEALAND TAKITIMU DISTRICT Hearing: Counsel: Judgment: Al0080001139 Al0080001365 UNDER Section 43, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Poukawa 13B Tmst - Applications for rehearing BETWEEN QUENTIN JOHNSTON Applicant AND 25 Febmmy 2008 LEON HAWEA, BONNIE HILTON, JERRY HAPUKU, NANA WOODWARD & THOMAS CLARKE Applicants Ms C Bennett, for Tamehana Matekino Nuku Mr J Fergusson, for Bonnie Hilton Mr Quentin...

9. [2021] NZACC 95 – Kirkland v ACC (5 July 2021) [pdf, 200 KB]

   ...THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT ON A QUESTION OF LAW UNDER SECTION 162 OF THE ACT BETWEEN LINDA KIRKLAND Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Judgment: 5 July 2021 ____________________________________________________________________ JUDGMENT OF JUDGE K D KELLY ____________________________________________________________________ Introduction [1] On 14 May 2018 the Ac...

10. Henderson - Waiohiki 1D2B10D (2016) 55 Takitimu MB 83 (55 TKT 83) [pdf, 337 KB]

    ...IN THE MATTER OF Waiohiki 1D2B10D GABRIELLA LYNDA SHARON HENDERSON Applicant Hearings: 53 Takitimu MB 56-61 dated 7 September 2016 (Heard at Hastings) Appearances: C Bennett for the Applicant Judgment: 24 November 2016 JUDGMENT OF JUDGE L R HARVEY Copies to: C Bennett, Langley Twigg Law, PO Box 446, Napier 4140 cara@langleytwigg.co.nz mailto:cara@langleytwigg.co.nz 55 Tākitimu MB 84 Introduction...