Search Results

1. [2010] NZEmpC 75 EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [pdf, 25 KB]

   ...also emphasise that this case arose out of a genuine dispute and legal uncertainty about new legislation which only a judgment of the Court could have resolved. [21] They further point out that the union is a small organisation with limited resources which provides advocacy services on a voluntary basis. The second plaintiffs are all former saw doctors who have recently been made redundant. [22] An award of costs in this Court is governed by cl 19 of Schedule 3 to the Act. The...

2. [2009] NZEmpC WC 27/09 Griffiths Drilling (NZ) Ltd v Jenner [pdf, 24 KB]

   ...sale of his home, as a result of his inability to meet mortgage payments that he committed to in reliance on a good income with Griffiths Drilling, he has recently sold that property. [8] Mr Jenner believes that the company does indeed have the resources to make payment of the Authority’s awards and ought to have done so. He says that late last October Mr Griffiths sponsored a Rimutaka pig hunting competition to the extent of $600, and that Mr Griffiths and his wife holidayed in...

3. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...[9] The defendant had no choice but to defend the proceedings, and made reasonable and genuine attempts to settle the matter. [10] The defendant is a regulatory board funded solely by its trade licensing activities and has a lower level of resources than other employers. The defendant exists to regulate the plumbing, gasfitting and drainlaying trades for the ultimate benefit of all who live in New Zealand and is not in the business of making a profit. These Court proceedings...

4. [2013] NZEmpC 44 South Pacific Ltd v Tian [pdf, 71 KB]

   ...(and it having been served at its registered office and address for service around one month previously). The plaintiff did not constructively assist in resolving the employment relationship problem in a timely, economic and efficient way. Resources of the defendant and the Authority were wasted as a result of the conduct of the plaintiff. [5] The plaintiff accepts that it did not facilitate the Authority’s investigation, but essentially submits that this was explicable i...

5. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...costs for the remedies it successfully obtained against Mr Powell. That must, however, be balanced against Mr Powell’s successful defence of claims for substantial damages, the hearing of which involved considerably more hearing time and legal resources than the early hearings. Finally, I have to take into account the fact that Mr Powell raised a substantial counter-claim for damages and a penalty in which he also was totally unsuccessful. [16] Analysing the accounts and invoi...

6. [2015] NZEmpC 16 NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [pdf, 96 KB]

   ...choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage more experienced or skilful counsel than the case might warrant or to devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, it cannot expect to recover from an unsuccessful opponent the additional cost incurred.

7. IEAA - 2015 annual report [pdf, 148 KB]

   ...have had filed over the last three years by international students only 23 have been successful for the reasons being that there are a number of complaints where there are minimal grounds for the making of the same. The IEAA does not have the resources to translate documents and we are not in a position in most cases to be able to meet with the complainants when about one-third have returned to their own country by the time the complaints reach us. 14. The IEAA notes the vast imp...

8. Waikato Bay of Plenty Standards Committee v Pou [2014] NZLCDT 86 [pdf, 108 KB]

   ...before the Waitangi Tribunal which are simply not able to be passed on at short notice to other counsel. [20] We accept that Mr Pou, who has recently set up a new firm with a colleague, is in a situation analogous with that of Mr Taff’s where the resource of legal expertise in this particular area is sparse. Thus it is in the public interest that his suspension from practice, which we considered inevitable, be kept to the minimum in order that he may properly continue his obligat...

9. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...disclosure once these matters have been attended to. LSG should insofar as possible, deal with all of these categories where they are to provide further documents by setting them out in an affidavit, perhaps sworn by Mrs Park, who is the Human Resource Manager, but it does not really matter who. I do ask Mr Drake and his client to give serious consideration to that second set of proceedings. It would seem to me that some of the matters which seem to be important could be...

10. [2015] NZEmpC 106 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 94 KB]

    ...and inspection. It says that the plaintiff’s proposed applications for a further disclosure or particular disclosure are “unnecessary or undesirable or both”. [11] The defendant’s opposition is supported by an affidavit of its Human Resources Manager, Marie Park, sworn on 30 June 2015. Ms Park deposes to the plaintiff failing or refusing to comply with earlier disclosure orders made against her by the Court. In particular, the defendant says that the plaintiff has still...