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1. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...submitted that neither Mr and Mrs McNicholl nor Mr Cleaver had established that they had suffered any loss in relation to the carparks allocated to them, or that any loss (if established) was caused by Mr O’Loughlin. [20] Referring to the judgment of his Honour Justice Brewer in Quin v Real Estate Agents Authority, Mrs Parker further submitted that s 93(1)(f) of the Act does not provide a general power to order a licensee to pay damages to compensate a complainant for any...

2. [2025] NZREADT 30 – C v REAA & KT & D Ltd (30 July 2025) [pdf, 247 KB]

   ...he did not appeal the Ruling. He is also critical of the Tribunal’s process in permitting further submissions from the second and third respondents. However, Mr C was given the right of reply.14 We expressly reject the allegation of any pre-judgement of the appeal or bias in favour of the licensed respondents. [37] Four substantive issues are raised by Mr C in the appeal. We will deal with each in turn, though they overlap. Failure to market in client’s best interests...

3. [2011] NZEmpC 157 Heritage Expeditions Ltd v Fraser [pdf, 158 KB]

   ...Relations Authority BETWEEN HERITAGE EXPEDITIONS LIMITED Plaintiff AND GRAEME JOHN FRASER Defendant Hearing: 1 November 2010 (Heard at Christchurch) Appearances: Linda Ryder, counsel for plaintiff Defendant in person Judgment: 30 November 2011 JUDGMENT OF JUDGE A A COUCH [1] Mr Fraser was employed to manage a business called Wild Earth Travel. He took up that position on 4 July 2005. On 23 June 2006, Mr Fraser was dismissed on grounds of redu...

4. [2012] NZEmpC 156 Newick v Working In Ltd [pdf, 226 KB]

   ...BETWEEN DAVID NEWICK Plaintiff AND WORKING IN LIMITED Defendant Hearing: 21 August 2012 (Heard at Auckland) Counsel: David Neutze, counsel for plaintiff Michael O'Brien and Courtney Walker, counsel for defendant Judgment: 7 September 2012 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] The defendant (Working in Limited (WIL)) seeks orders striking out one of the plaintiff’s causes of action. 1 The cause of action relat...

5. Wilson - Oue 2B 2C [2025] Chief Judge's MB 185 (2025 CJ 185) [pdf, 976 KB]

   ...Nohoanga: Hearing 14 June 2019, 2019 Chief Judge’s MB 849-870 (Heard at Whangarei) 26 March 2024, 2024 Chief Judge’s MB 370-395 19 June 2024, 2024 Chief Judge’s MB 1439-1443 (Heard at Wellington via zoom) Whakataunga: Judgment date 28 January 2025 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA C L FOX Judgment of Chief Judge C L Fox 2025 Chief Judge's MB 186 Hei tīmatanga kōrero Introduction [1] This...

6. [2016] NZEmpC 164 Edminstin v Sanford Ltd [pdf, 101 KB]

   ...BETWEEN JOHN EDMINSTIN Plaintiff AND SANFORD LIMITED Defendant Hearing: 12 December 2016 (Heard at Invercargill) Appearances: J Katz QC, counsel for plaintiff P Wicks QC and K Dunn, counsel for defendant Judgment: 12 December 2016 ORAL INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] There are two interlocutory applications filed late last week that need to be decided as preliminary matters. Another interlocutory applicati...

7. [2019] NZEmpC 13 Rayner v Director-General of Health [pdf, 281 KB]

   ...DIRECTOR-GENERAL OF HEALTH Applicant AND AMANDA RAYNER Respondent Hearing: Submissions-only on 5 February 2019 Appearances: A Oberndorfer, advocate for Amanda Rayner D Traylor, counsel for Director-General of Health Judgment: 11 February 2019 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL: (Application for leave to file a challenge out of time) Introduction [1] This judgment deals with an application for leave to...

8. [2025] NZEmpC 60 Courage & Ors-Pilgrim & Ors v Attorney-General & Ors [pdf, 201 KB]

   ...STEPHEN STANDFAST Second Defendants Hearing: On the papers Appearances: B Henry, counsel for plaintiffs A Boadita-Cormican, A Wicks and N El Sanjak, counsel for first defendant C Pearce, counsel for second to fourth defendants Judgment: 1 April 2025 INTERLOCUTORY JUDGMENT (NO 17) FOR EMPC 363/2021 AND (NO 38) FOR EMPC 85/2022 OF CHIEF JUDGE CHRISTINA INGLIS (Application for a stay of proceedings) Introduction [1] The Attorney-General seeks two o...

9. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...LIMITED Plaintiff AND ANNE MACKAY Defendant Hearing: (on submissions dated 5 and 14 December 2016, and 30 January 2017) Appearances: G Ballara, counsel for the plaintiff R Boulton, counsel for the defendant Judgment: 22 February 2017 JUDGMENT (NO 2) OF JUDGE B A CORKILL Introduction [1] In a judgment of 21 November 2016, I considered an allegation brought by Ms Anne Mackay that she had been constructively dismissed by her employ...

10. Paenga v Te Maari - succession to Eileen Te Atakura Kingi (2020) 425 Aotea MB 248 (425 AOT 248) [pdf, 266 KB]

    ...2018, 386 Aotea MB 267-294 16 May 2017, 369 Aotea MB 230-235 9 February 2017, 64 Tairāwhiti MB 280-288 (Heard at Whanganui and Hastings) Kanohi kitea: Appearances B Gilling for Applicant E Unsworth for Respondent Whakataunga: Judgment 23 December 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Copies to: Dr B Gilling, Mahoney Horner Lawyers, P O Box 24515, Wellington bryan.gilli...