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1. [2021] NZACC 146 – Buis v ACC (28 September 2021) [pdf, 248 KB]

   ...146 ACR 213/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 162 OF THE ACT BETWEEN MICHAEL BUIS Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Judgment: 28 September 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE D CLARK [Leave to Appeal: s 162 Accident Compensation Act 2001] __________________________________________________...

2. [2024] NZEmpC 238 Preece v Synlait Milk Ltd [pdf, 224 KB]

   ...Plaintiff AND SYNLAIT MILK LIMITED Defendant Hearing: 6 September 2024 (Heard via audio-visual link) Appearances: E Lambert, advocate for the plaintiff J C Sanders and P Goredema, counsel for the defendant Judgment: 2 December 2024 JUDGMENT OF JUDGE J C HOLDEN [1] At the end of 2021, Synlait Milk Ltd instituted a COVID-19 health check plan. This plan included a vaccination policy covering all staff onsite. [2] Nicola Preec...

3. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

   ...substantial merit are to be recovered.37 The effect of Calderbank offers [63] The general rule accepted by the courts is that if a party makes a Calderbank offer that exceeds or would be more beneficial to the opposing party than the eventual judgment, that party is entitled to costs.38 However, in appropriate cases, the High Court has awarded costs where the settlement offer was close to, but did not exceed, the actual outcome.39 Ultimately, the 32 At [52]. 33 At [61]–[6...

4. [2020] NZEmpC 98 Tolson v Potter [pdf, 173 KB]

   ...Relations Authority BETWEEN WARREN TOLSON Plaintiff AND TODD ROBERT POTTER Defendant Hearing: 25 May 2020 (Heard at Hamilton) Appearances: W Tolson, plaintiff P Cornegé, counsel for defendant Judgment: 10 July 2020 JUDGMENT OF JUDGE J C HOLDEN [1] Mr Tolson challenges a determination of the Employment Relations Authority (the Authority) that found he was employed by Potter Contracting Waikato Trust, and not by th...

5. [2013] NZEmpC 76 George v Auckland City Council and vice versa [pdf, 126 KB]

   ...Plaintiff AND LAURA JANE GEORGE Defendant Hearing: By memoranda of submissions filed on 1, 2, 3 and 6 May 2013 Appearances: Tony Drake, counsel for Laura Jane George Ian Gault and Elizabeth Coats, counsel for Auckland Council Judgment: 7 May 2013 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] Auckland Council (the Council) applies to strike out as inadmissible in evidence an account by Laura George of what was said in mediation which attempted...

6. Hipango v Ngaurukehu Section 3 and Other Blocks Inc. - Rangiwaea 4F14A2C (2023) 473 Aotea MB 25 (473 AOT 25) [pdf, 465 KB]

   ...Aotea MB 1-69 (Heard at Whanganui) Kanohi kitea: Appearances K McLay for First Applicant J Koning for Second Applicant J Unsworth and M Bouzaid for Respondent K Katipo and R Bright Ngā Rōia Taituarā i te Kooti Whakataunga: Judgment date 17 October 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ A H C WARREN Judgment of Judge A H C Warren (Ka haere tonu ngā taipitopito kēhi i muri ake nei) (Proceedings continued overleaf) 473 Aotea MB 226...

7. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...STATUTORY MANAGER OF BAY OF ISLANDS COLLEGE) Defendant Hearing: By written submissions filed on 8, 15, 22 and 28 November 2013 Appearances: Emily McWatt, counsel for plaintiff Timothy Oldfield, counsel for defendant Judgment: 5 December 2013 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN A The email letter of 2 April 2013 from Carol Anderson to the New Zealand School Trustees Association and the attached draft letter from Ms Anderson t...

8. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...and Serious Violations of International Humanitarian Law A/RES/60/147 (2006). 11 At [11]. 12 The link between the right to an effective remedy and the substantive rights contained in the NZBORA itself have been reflected in a number of landmark judgments where the New Zealand Courts have applied article 2.3 when considering its remedial jurisdiction under the NZBORA. These include Simpson v Attorney-General (Baigents’s case) 2 NZLR 667 (CA) at 704 (Gault J), Taunoa v Attorney-General [...

9. [2023] NZEmpC 13 People Media Group Ltd v Galligan [pdf, 170 KB]

   ...security for costs BETWEEN PEOPLE MEDIA GROUP LIMITED Plaintiff AND TRISH GALLIGAN Defendant Hearing: On the papers Appearances: R Parmenter, counsel for plaintiff M McGoldrick, counsel for defendant Judgment: 16 February 2023 INTERLOCUTORY JUDGMENT OF JUDGE J C HOLDEN (Application for stay of proceedings and an application for security for costs) [1] People Media Group Ltd (People Media Group) has challenged a...

10. [2024] NZEmpC 35 Appleton v Tasman Cargo Airlines Pty Ltd [pdf, 296 KB]

    ...BETWEEN MURRAY APPLETON Plaintiff AND TASMAN CARGO AIRLINES PTY LIMITED Defendant Hearing: On the papers Appearances: J Hall, counsel for the plaintiff K Dunn and K Creagh, counsel for the defendant Judgment: 4 March 2024 JUDGMENT OF JUDGE J C HOLDEN (remedies and costs) [1] In the judgment on Mr Appleton’s challenge, Tasman Cargo Airlines PTY Ltd (Tasman Cargo) was ordered to pay Mr Appleton:1 (a) an award equival...