Search Results

1. [2009] NZEmpC AC 24/09 Turners and Growers Ltd v Marshall [pdf, 26 KB]

   ...the defendant. [14] Ms Swarbrick submitted that the evidence of serious risk of destruction or disposal of the material is contained at paragraphs 60 to 69 of the affidavit of Delys Tansley, the plaintiff’s general manager of human resources. Ms Tansley deposes that Mr Marshall has denied having confidential information but describes him, from her experience of dealings with him, as “cagey, inconsistent, antagonistic and does not give accurate responses to questions...

2. [2012] NZEmpC 213 Turner v Talleys' Group Ltd [pdf, 101 KB]

   ...not pay any costs to the defendant until her challenge in this Court is heard and decided in early 2013; that there will be little or no prejudicial effect of the award’s non- payment on the defendant; and that she has very limited financial resources to both meet that award of costs and to prosecute her challenge which is to a preliminary jurisdictional point, albeit an important one. [8] The Authority’s award was a modest one although I acknowledge that this is to be asse...

3. [2012] NZEmpC 108 Zhou and New Times Press Ltd v Lin [pdf, 69 KB]

   ...an arrangement in relation to the penalties imposed, the details of any such arrangement or proposals relating to it were not before the Court. What is however clear is that both the company and the first plaintiff have very limited financial resources. The first plaintiff confirmed that neither she nor the company have any assets of worth, and that she does not have the ability to meet an order of security for costs. [14] Counsel for the defendant submitted that costs in the re...

4. Rogers v CAC 10028 & McGillen [2011] NZREADT 14 [pdf, 86 KB]

   ...Birchwood Manor. They asked if the second respondents were aware of their intention to develop residential units across the road and Mr McGillen advised them that they were not so aware. The visitors advised Mr McGillen that the vendors had signed the resource consent and left documents about the development for the McGillens to read. [13] The second respondents looked at these documents and discovered that a high density development of which they had no knowledge was to be developed...

5. Ekanayake v Registrar of Immigration Advisers [2015] NZIACDT 67 (28 May 2015) [pdf, 178 KB]

   ...type of role is discussed in Brierley Investments Ltd v Bouzaid [1993] 3 NZLR 655 by the Court of Appeal. That case concerned the Commissioner of Inland Revenue, but makes the relevant observation an official in this position must take account of resources and selectively make decisions on what matters to pursue. [16] The Registrar was not required to undertake an exhaustive examination of any potential evidence. This appeal provided Mr Ekanayake with the opportunity to provide evidence,...

6. [2014] NZEmpC 73 Carter Holt Harvey Limited v Rodkiss [pdf, 74 KB]

   ...says he would be able to obtain an increase. Further, the various assets which were liquidated in order to reduce his mortgage indicate a positive savings record. Whilst there is always a risk of unforeseen expenditure which could deplete his resources, at this stage the Court must conclude on the available evidence that there would be an ability to repay what is a relatively modest sum if need be. The concern raised by the applicant is not established. (c) The respondent would...

7. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

   ...daily rate. [18] The Court’s main concern relates to Mr Kellerman’s financial circumstances. The Authority Member concluded on this point that she was not satisfied he is impecunious; and that there is evidence he has alternative financial resources and property that he owns. Accepting that this may be so, the further evidence which has been placed before the Court is that Mr Kellerman has not had employment since his dismissal by Stoneware and that he is financially stressed....

8. [2015] NZSSAA 001 (13 February) [pdf, 35 KB]

   ...considered as a reason for the appellant being excused from repaying the debt. The appellant appears to have been the main income earner in the relationship; she had no need for state assistance. She was apparently skilful in using her financial resources and increasing her assets. [20] We have also had regard to whether the Ministry should be seeking recovery from XXXX. The appellant and XXXX indemnified each other against any claim against each of them by Work and Income New Zeala...

9. Southland Standards Committee v Evans [2011] NZLCDT 38 [pdf, 129 KB]

   ...prepared to co-operate with any requirements which the Tribunal would impose. A former President of the Southland District Law Society, Mr Mee, also gave a detailed reference in support of the practitioner. [12] The practitioner’s financial resources are modest and clearly being unable to practice as a lawyer will involve further penalty being suffered by him. [13] However, it has often been pointed out that the primary purpose of the Tribunal’s imposition of penalties is not...

10. [2013] NZEmpC 213 Dr X v a District Health Board [pdf, 73 KB]

    ...where justified vindication of a reputation is a material factor in the litigation… there will be cases where disproportion is justified in the Court’s overall discretion. [13] However, the value of the litigation to one party and the resources they are prepared to apply to it must be balanced against the other party’s interests. [14] Even taking the matters identified by the applicant into consideration, total costs in excess of $60,000 on an application for non-publi...