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...FLETCHER CONCRETE & INFRASTRUCTURE LIMITED [2020] NZEmpC 125 [18 August 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 125 EMPC 144/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN RAY SMITH Plaintiff AND FLETCHER CONCRETE & INFRASTRUCTURE LIMITED Defendant Hearing: 23 July 2020 (Heard...
...the effect of not making the order would be on the environment; whether the applicant has given an appropriate undertaking as to damages; whether I should hear from the applicant or any person against whom the orders are sought; and such other matters as I think fit. [15] The Environment Court has adopted, in general, the approach of the civil courts in New Zealand to the granting of interim injunctions; the Court will normally require the applicant to demonstrate that they have a...
...AlKazaz v Enterprise IT Ltd [2021] NZSC 101 [SC judgment]. The parties agree on factors to be considered [10] As both parties note, in dealing with an application for leave to extend time, the overarching consideration is the interests of justice.11 The specific factors the Court generally considers are:12 (a) the reason for the omission in bringing the case within time; (b) the nature of the delays; (c) any prejudice or hardship to any other person; (d) the effec...
...consider as to whether three identified conduct rules had been breached, lay outside the scope of the actual complaint; and 3 (g) the Committee’s inquiry had the appearance of an “own motion” investigation and was in breach of natural justice and unsupported by any substantive facts or reasoning; and (h) “weeding out” notices of hearing on fatal procedural grounds would be a good start towards steering the work of the LCRO in a constructive future direction, and wo...
...following principles to guide the exercise of the discretion to grant or deny an extension of time to lodge an appeal: [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...
...following principles to guide the exercise of the discretion to grant or deny an extension of time to lodge an appeal: [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...
...city boundary? c. If not, was the fence adequate? d. Are the costs claimed reasonable? 3. During the hearing, SP, a director of JX Ltd, accepted that the stock was owned by JX Ltd. Further, all parties agreed the land which is the subject matter of this claim is contained within the [Council] boundary. CI0301_CIV_DCDT_Order Page 2 of 3 4. Section 26(1)(d) of the Impounding Act 1955 states an occupier of land is entitled to demand damages on account of the trespass of s...
...following principles to guide the exercise of the discretion to grant or deny an extension of time to lodge an appeal: [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...
...with the result that an extension of time should generally be granted, desirably without opposition from the respondent. [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...
...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...