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...THE MATTER OF an application as to costs BETWEEN A Plaintiff AND N LIMITED Defendant Hearing: On the papers Appearances: S R Fraser, counsel for plaintiff M Beech, counsel for defendant Judgment: 19 December 2019 COSTS JUDGMENT OF JUDGE M E PERKINS [1] On 17 September 2019 this Court issued a judgment on a non-de novo challenge.1 The challenge related to a determination of the Employment Relations Authority...
...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...
...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...
...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...
...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]...
...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...
...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] ______________...
...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...
...postings viewable by a large population, and an employer can damage an employee’s life by an unwarranted 4 Refer Employment Relations Act 2000, s 103A; and the discussion in the full Court judgment of Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466. 5 Mary Noe “Facebook: The New Employment Battleground” June 2014, NYSBA Journal 15. 3 termination for nothing more than free expression of ideas...
...nature. Their impact on issues such as public confidence in the democratic process and public institutions are hard to measure and many costs and befits are hard to estimate. The analysis in this RIS is therefore qualitative. The key assumptions and judgements we have made about the impact of the options to be analysed are included in the relevant sections of this RIS. 2.5 What do stakeholders think? We expect that referendums on cannabis and end-of-life choice will attract a high l...