Search Results

1. BR v CS LCRO 226/2013 (20 October 2014) [pdf, 45 KB]

   ...decided to ignore his advice and proceeded to file our appeal with the Privy Council. This was the first case ever heard from the [Country]. It was heard on 22 October 2012 just six months ago and was allowed.3 … [3] Following receipt of the judgment Mr BR sent an invoice to CS by which he sought repayment of the fee rendered by, and paid to, CS. The basis for doing so was that Mr BR considered the opinion received from CS was defective. [4] CS declined to refund the money....

2. [2016] NZEmpC 176 Radius Residential Care Ltd v The New Zealand Nurses Organisation Inc and Others [pdf, 97 KB]

   ...AND DONNA MATHER Third Defendants Hearing: By memoranda of submissions field on 29 November, 15 and 19 December 2016 Appearances: P Kiely and S Worthy, counsel for plaintif P Cranney and J Lawrie, counsel for defendants Judgment: 21 December 2016 COSTS JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The plaintiff, Radius Residential Care Ltd (Radius), seeks an order for costs against the first and second defendants and four named third defendants (Janet...

3. Fenton - Rurima (2005) 108 Whakatāne MB 148 (108 WHK 148) [pdf, 412 KB]

   Minute Book: 108 't"HK 148 IN THE MAORI LAND COURT OF NEW ZEALAND vV AIARIKI DISTRICT Hearing: Judgment: Introduction A20030005879 UNDER Sections 338(7) and 338(8), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Rurima DAYLE EVELYN FENTON Applicant 19 May 2005, 106 Whakatane MB 178 30 .A.pril2004, 102 Whakatane MB 196 11 December 2003, 101 Whakatane NIB 256 23 December 2005 RESERVED JUDGMENT OF JUDGE L R HARVEY [1] The background to these proceedings is se...

4. [2020] NZEmpC 91 Dollar King Ltd v Jun [pdf, 208 KB]

   ...LIMITED Plaintiff AND HYOWON JUN Defendant Hearing: On the papers Appearances: J Lapthorne and M Hutcheson, counsel for plaintiff M Kim and NM Lim, counsel for defendant M Austen, counsel assisting the Court Judgment: 29 June 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] This judgment decides a narrow, but important, issue relating to the Employment Relations Authority’s jurisdiction to impose a penalty on a party of its...

5. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...application for security for costs BETWEEN SFIZIO LIMITED Plaintiff AND HELEN MAWHINNEY Defendant Hearing: On the papers Appearances: C Gregorash, agent for plaintiff A Kersjes, advocate for defendant Judgment: 9 October 2019 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL (Application for strike out of proceedings; application for stay of proceedings; and an application for security of costs) Background [1] Ms Hele...

6. [2025] NZEmpC 9 DQJ v The Commissioner of Inland Revenue [pdf, 184 KB]

   ...AND THE COMMISSIONER OF INLAND REVENUE Defendant Hearing: 23 January 2025 (Heard at Christchurch and via Audio Visual Link) Appearances: A Fechney, advocate for plaintiff S Hornsby-Geluk, counsel for defendant Judgment: 27 January 2025 INTERLOCUTORY JUDGMENT (NO 2) OF CHIEF JUDGE CHRISTINA INGLIS (Application for interim non-publication orders) [1] The defendant seeks interim non-publication orders in respect of the names and...

7. [2013] NZEmpC 55 Morgan v Whanganui College Board of Trustees [pdf, 223 KB]

   ...MORGAN Plaintiff AND WHANGANUI COLLEGE BOARD OF TRUSTEES Defendant Hearing: By written submissions filed on 11, 20 and 21 March 2013 Appearances: David Burton, counsel for plaintiff Peter Churchman, counsel for defendant Judgment: 10 April 2013 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The defendant has applied to dismiss the plaintiff’s challenge from what I will refer to deliberately as a decision of the Employment Relations Authority. The...

8. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...STEVEN WILKINS Plaintiffs AND DAVID JOHN RAWCLIFFE Defendant Hearing: By memoranda of submissions filed on 11 November and 5 and 8 December 2011 Appearances: Defendant in person Iain Hutcheson, counsel for Plaintiffs Judgment: 24 February 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The plaintiffs have challenged a costs determination of the Employment Relations Authority 1 declining to award costs. The challenge raises the vexed issue of the r...

9. Issue 41: 1 October- 31 December 2024 [pdf, 949 KB]

   ...include compromising a swimmer's physical ability to stay safe while swimming. By way of comment, I emphasise the dangerous potential of alcohol to impair the decision making of those in and around a river. Staying safe around rivers requires good judgment and decision making, including checking for potential hazards and properly accounting for personal limits relating to fitness, ability and knowledge of local conditions. Accordingly, being in and around a river after consuming...

10. Mullen - Hongoeka 4A (2006) 176 Aotea MB 191 (176 AOT 191) [pdf, 3.5 MB]

    ...TIRATU WILLIAMS ANNETTE KING TOA RANGATIRA APIRA WOODBINE POMARE Applicants 31 May 2005, 154 Aotea MB Appearances: Messrs H Mullen, P F Mullen and Mrs K M Ashton in person Messrs T RAW Po mare, J W Rangihaeta and Mrs T Williams in person Judgment: 6 October 2006 RESERVED JUDGMENT OF JUDGE L R HARVEY Minute Book: 176 AOT 192 Introduction [l] Kathleen Ashton and her siblings, Peter and Harry Mullen, are the executors of the estate of their mother Violet Mullen and in that...