Search Results

1. [2013] NZEmpC 116 Air NZ Ltd v Kerr [pdf, 55 KB]

   ...The plaintiff is to provide and file copies of any briefs of evidence in reply to the defendant by 5.00 pm on 19 July 2013; (g) The parties will cooperate to assemble and file a joint bundle of documents by 26 July 2013. The plaintiff will be responsible for providing copies of the agreed bundle, with the costs of photocopying to be shared evenly between the parties. [3] All briefs should be filed in hard copy and in electronic (MS Word) format, they should refer (where appropr...

2. [2013] NZEmpC 124 Superior Motor Cycles Ltd v Patterson [pdf, 76 KB]

   ...pre-trial steps. [3] On 1 February 2013, counsel for the plaintiff filed a notice of discontinuance. That was done unilaterally and was not accompanied by any agreement as to costs. The defendant subsequently filed an application for costs. When no response to this memorandum was received, I had the Registrar enquire of counsel for the plaintiff what its position was. The Registrar was told that the plaintiff did not intend to respond to the memorandum. [4] The defendant was r...

3. [2014] NZEmpC 127 Hall v Dionex Pty Ltd interlocutory [pdf, 52 KB]

   ...can be dealt with in the usual manner, as appropriate. The reality is that it was the plaintiff who sought an indulgence from the Court to file further evidence and his ability to complain about the defendant’s wish to provide a proper response to it is constrained. [6] Issues were raised about the possibility of the plaintiff’s laptop being examined. Mr Drake submitted that if the laptop is located it should not be able to be produced. He also raised a concern that t...

4. CAC 20007 v Marshall [2013] NZREADT 72 [pdf, 20 KB]

   ...2008 (“the Act”) dealing with suspension of licence pending outcome of a hearing and, in particular, to give notice to the defendant of our intention to suspend his licence pursuant to s.115(2) of the Act. The Stance of the Parties [2] In response to our decision of 16 July 2013 the defendant advised us of his view, that an interim suspension order should not be made; and that he was currently not employed and, therefore, in his view he poses no risk. 2 [3] We subsequ...

5. AFL v ZUK [2012] NZDT 283 (14 January 2012) [pdf, 79 KB]

   ...on either side of the road which was the case at the time of the collision. Because of the other car trying to pass by in the other direction, ZUK argued that AFL was forced to drive too closely to his car and as such that she was partly or fully responsible for the damage to her vehicle. ZUK argued that his door was only open a little and said this was supported by the fact that his car door was pushed inwards rather than pushed around to the front of his car as it would have been h...

6. Bayley v REAA & McMillan [2013] NZREADT 34 [pdf, 21 KB]

   ...There can be no criticism of the work of the Committee in this case. Indeed, we consistently find that Committees of the Authority apply high judicial standards in their decisions. [7] Also, we have been advised that the salesperson at Bayleys responsible for the above error about GST has been dealt with by a Committee of the Authority pursuant to a separate complaint. [8] This saga (for there has been civil litigation arising out of the above basic facts) shows the need for real es...

7. CAC 10036 v Hume - Penalty Decision [2012] NZREADT 29 [pdf, 88 KB]

   ...training and understands better now his obligations under the new Act and his own personal obligations. We do not think therefore that there is any need for retraining of Mr Hume but note again that he cannot hide behind his dyslexia. It is his responsibility to ensure that all the necessary steps were taken to comply with the Real Estate Agents Act. He did not do this. [6] We have considered the fee account from Hughes and Robertson but consider this would have been incurred by the...

8. CAC 10053 v Beiszer [2011] NZREADT 5 [pdf, 86 KB]

   ...somehow grown the cahones to front up now he’s looking to make 3 or 4 million – nice publicity stunt. A shame Closeup didn’t tell Mr Vendor to go fuck himself”. 2 [3] At today’s hearing the Defendant appeared in person having filed a response to the charge which he admitted and tendered an explanation for his conduct. [4] Having heard the Defendant today the Tribunal is of the view that the Defendant admitted the particulars of the charge but not the gravamen of i...

9. Media release for annual suicide statistics for 2013/14 [pdf, 274 KB]

   ...“This includes the development of a co-operative interagency arrangement whereby Coronial Service staff send a notice in near real-time through a secure link to the Ministry of Health of any suspected suicide. This triggers a prompt and informed response, particularly when it involves a youth suicide. “It may be this, coupled with an extensive growing awareness and interest amongst local communities seeking information and guidance about the phenomenon of suicide, that is starti...

10. [2014] NZEmpC 39 Milne v Air New Zealand Limited interlocutory [pdf, 56 KB]

    ...written submissions. [2] On 3 March 2014 (the date by which any notices of opposition were to be filed) the plaintiff sought an extension of time. The basis for the application is set out in Ms Milne’s memorandum. She says that the timeframe for response is too tight having regard to the fact that although she lives in Australia, her address for service is in Auckland and it takes some time for mail to reach her. I pause to note that these issues were canvassed during the cours...