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No: 00026 Under the Weathertight Homes Resolution Services Act 2002 In the matter of An adjudication claim Between Christopher David Aaron Putman and Cathryn Joan Putman Claimant And Jenmark Homes Limited First respondent And Approved Building Certifiers Limited Second respondent And B W Lee Housecheck Ltd Third respondent And Brent Lee Fourth respondent And Tony Heron Fifth respondent Determination of Ad
...July 2011 By submissions filed for the plaintiff on 29 July 2011, 9 and 21 August 2012 And for the defendant on 25 July 2011, 26 July and 14 August 2012 Counsel: Rob Towner, counsel for plaintiff Garry Pollak, counsel for defendant Judgment: 14 March 2013 JUDGMENT OF JUDGE B S TRAVIS [1] The first issue before the Court was whether the plaintiff, Mr Tan, was entitled to elect to transfer his employment to LSG Sky Chefs New Zealand Limited (LSG), pursuant to subpa...
...and their duties shall from time to time be laid down by the National or Regional Executive where delegated that function by the National Executive. … Construing the SFWU’s rules [34] Mr Towner for McCain relied on statements in New Zealand judgments that mandate a strict and literal approach to interpreting union rules. These New Zealand judgments no doubt followed English counterparts to like effect. However, the following examination of the judgments relied on by Mr Towner...
...February 2010. 18 Dicks v Hobson Swan Construction Limited (in Liquidation), HC Auckland, CIV-2004-404- 1065, 22 December 2006 at [62]-[63]. Page | 21 decision is so lacking in principle that litigants should be subjected to inconsistent judgments of first instance. I have therefore decided to following Morton v Douglas Homes on the present point it applies a fortiori: Mr McDonald did not merely direct but actually performed the construction of the house and is personally r...
...legislative purpose that supports its interpretation. [32] Treble Tree also relies on observations concerning ss 116 and 125 RMA by the Court of Appeal and Privy CounCil , as follows: 20 21 (a) in Chief Executive, Ministry of Fisheries20 , in his judgment for the Court, Blanchard J observed : Any difficulty with s 125, which we accept does exist, can be simply overcome by adoption of the practice of deferring the commencement of the coastal permit under s11 6(1) of the RMA unt...
...in the District Court at Auckland in March 2011. This proceeding was ultimately discontinued. The Tribunal notes that this proceeding was issued in the civil jurisdiction of the District Court, and has not been finally determined by way of a judgment. Accordingly, the District Court proceeding and documents produced for the purposes of the proceeding are not of assistance in determining the present appeal. [10] Mr Eichelbaum’s complaint to the Authority was filed on 25 Novembe...
...referred to the 4 Mr Andrews referred to the Tribunal’s decision in Maserow v Real Estate Agents Authority (CAC 404) [2016] NZREADT 19, at paragraphs [24]–[26]. 5 Mr Mortimer referred to the judgment of the High Court in Wyatt v Real Estate Agents Authority [2012] NZHC 2550, at paragraph [64]. purposes of the Act, and the means by which that purpose is achieved, as set out in s 3 of the Act. He submitted that consistent wi...
...BERNARD ROBINSON Plaintiff AND CAPITAL AND COAST DISTRICT HEALTH BOARD Defendant Hearing: 10 June 2009 (Heard at Wellington) Appearances: Peter Cranney and C Abaffy, Counsel for Plaintiff H P Kynaston and S Ahn, Counsel for Defendant Judgment: 18 January 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issue for decision in this case is whether the term of a collective agreement providing for an additional week’s annual holiday for employees who have compl...
...OCEANIA DAIRY LIMITED Respondent Hearing: On the papers dated 10 November, 24 November 2017 and by telephone on 14 December 2017 Appearances: T Jackson, counsel for the applicant R Gibson, advocate for the respondent Judgment: 19 December 2017 JUDGMENT OF JUDGE K G SMITH [1] On 3 August 2017 the Employment Relations Authority issued a determination concluding that Moira Briscoe did not have a personal grievance against Oceania Dairy Ltd...
...DAVID ALLISON Plaintiff AND CERES NEW ZEALAND LLC Defendant Hearing: 15 April 2021 (Heard at Christchurch) Appearances: A Oberndorfer, advocate for plaintiff S Wilson and H Rossie, counsel for Mr Gowda Judgment: 15 April 2021 ORAL JUDGMENT OF JUDGE K G SMITH (Application to set aside witness summons) [1] Swaroop Gowda has been served with a summons to attend the hearing of this proceeding which is scheduled to begin on 28...