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SOUTH PACIFIC LIMITED V JINGXIN TIAN NZEmpC AK [2013] NZEmpC 44 [22 March 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 44 ARC 76/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SOUTH PACIFIC LIMITED Plaintiff AND JINGXIN TIAN Defendant Hearing: By submissions filed on 11, 12 and 18 March 2013 Counsel: Paul Pa'u, advocate for plaintiff May Moncur, advocate for defendant Judgmen...
...no misrepresentation. The difficulty here was that without checking further the agent accepted the vendor’s words and made no effort to alert 4 anyone of any potential risk in accepting this statement. We echo the comments made by Justice Wild in Altimarloch Joint Venture Ltd v Moorhouse, (HC Blenheim CIV-2005- 406-91, 13 July 2008). [10] It has been suggested to us by counsel for Barfoot and Thompson that we should be cognizant of the fact that the action happened prior...
58 Taitokerau MB 269 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT 58 Taitokerau MB 269 (58 TTK 269) A20120002576 UNDER Section 18(1)(a), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Joanna Davis BETWEEN IRIS TUIONO Applicant Hearing: 21 January 2013 29 April 2013 (Heard at Whangarei and Auckland) Judgment: 03 May 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER
...importance of the objective. The Bill is concerned with making the law conform to that which it was always understood to be. As the Legislation Advisory Committee guidelines note, retrospective legislation can be justified where it seeks to “validate matters that were generally understood and intended to be lawful, but were in fact unlawful as a result of a technical error” or to “address a matter that is essential to public safety”. [7] Both of those justifications apply here. 2...
[2018] NZSSAA 008 Reference No. SSA 086/15 and SSA062/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Christchurch against a decision of a Benefits Review Committee COSTS DECISION Introduction [1] XXXX (the appellant) filed two related appeals which were scheduled for hearing at the same time. The first appeal, SSAA 086/15 was against the decision to stop her benefit payments on the basis t...
...that there is no basis for an uplift. While Mr Smith placed his health in issue that did not unnecessarily prolong the hearing and does not fall within the category of conduct referred to in reg 68(1). All Mr Smith did was place in issue those matters he considered to be relevant. [16] I reject Mr McKenzie’s submission that the disbursement was unnecessary because of the defendant’s in-house resources. The defendant incurred the expense of having copying and binding...
...than one kitchen. Furthermore, the agreement shown in evidence of the 16 signatures, is on its face, for one property at 34 White Swan Road, Mount Roskill. [19] The facts before us in evidence are very similar to those set out at some length by Justice van Boheman in relation to another of Mr Karmarkar's properties at Hayr Road. [20] We note from paragraph [16] of the first High Court decision5 that the central issue before the Tenancy Tribunal, the District Court and the High...
...insufficient weight in that factor alone to depart from the general principle that costs follow the event. [19] The next submission was that applying the Guideline Scale should not be undertaken in a way that would create issues such as access to justice.8 The employees to whom this collective agreement relates, and who are represented by the plaintiff, are not well paid. The submission was that it would be inappropriate to visit on them what were referred to as “crippling cost aw...
QDA v EKD [2021] NZEmpC 1 [21 January 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 1 EMPC 352/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for stay of execution AND IN THE MATTER of an application for urgency BETWEEN QDA Plaintiff AND EKD Defendant Hea...
...PLENTY DISTRICT HEALTH BOARD [2020] NZEmpC 146 [17 September 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 146 EMPC 4/2019 EMPC 360/2019 IN THE MATTER OF challenges to determinations of the Employment Relations Authority AND IN THE MATTER of an application to set aside witness summons AND IN THE MATTER of an application for evidence to be given by audio-visu...