Search Results

1. [2011] NZEmpC 146 North Dunedin Holdings Ltd & Booth v Harris & Cousins [pdf, 60 KB]

   ...incurred costs totalling a little over $8,000 in relation to the proceeding before the Court and seeking a contribution to that amount. Those costs include solicitors’ fees of $3,000 and Ms Kilkelly’s fee of $4,000, both excluding GST. In response to that claim, Mr Booth has made the valid point that, while it is every party’s right to instruct counsel of their choice, an unsuccessful party should not be required to contribute to costs in excess of what was strictly necessary...

2. [2010] NZEmpC 105 Musa v Whanganui DHB & Anor [pdf, 18 KB]

   ...judgment delivered on 23 July 2010 with detailed reasons on 26 July 20101 which modified necessarily some of the evidence able to be called by the 1 [2010] NZEmpC 95. plaintiff and in response to which the defendant filed and served briefs of the evidence of his intended witnesses late last week. [2] Applying the same reasoning set out in the reasons for judgment given on 26 July 2010, I determined the following in respec...

3. [2012] NZEmpC 77 Premier Events Group and Anor v Beattie and Ors [pdf, 70 KB]

   ...13.20 will be inadmissible. [19] Turning to the next subparagraphs under para 14 headed “ACQUIESCENCE”, I refuse the plaintiff’s application to rule those paragraphs inadmissible and they may be led. [20] Despite the heading at para 15, “RESPONSE TO SOME BAP/GILL CLAIMS”, I determine that the contents of those paragraphs will be inadmissible. [21] Next is the paragraphs headed 16, “THE DISSATISFACTION OF STAFF”. Paragraphs 16.1, 16.2 and 16.3 will be inadmissible bu...

4. [2012] NZEmpC 119 LI v Huang [pdf, 57 KB]

   ...convened a telephone conference call this morning between Mr Ogilvie, acting for the plaintiff, and Mr Huang in person. The outcome of the conference call was that Mr Ogilvie agreed to accept an early fixture for the hearing of the challenge and, in response, Mr Huang agreed to withdraw his objection to the application for a stay. A separate minute will be issued confirming the agreed timetabling orders. [14] There will therefore be a stay of proceedings effective immediately and...

5. [2008] NZEmpC CC 2/08 Otago Taxis Ltd v Strong [pdf, 18 KB]

   ...that the defendant did not accept that this document accurately reflected what she was paid in the 3-week period. The defendant, in turn, has supplied an attachment marked “B” which are said to be accurate figures for that period. [4] In response, Mr Guest, counsel for the plaintiff, filed a memorandum attaching wage records and bank statements which he claimed, on behalf of the plaintiff, substantiated the wage payments identified in attachment “A” of the defendant’s...

6. [2008] NZEmpC CC 7/08 Ka'ai & Ors v Vice-Chancellor of the University of Otago [pdf, 19 KB]

   ...prior to the scheduled Authority meeting. [11] The applications made in this case were unlikely to succeed and in order to avoid the parties further expense I drew that to their attention at the telephone conference. The plaintiffs’ proper response was therefore to withdraw those proceedings. [12] I accept that the defendant has been put to expense as a result of the applications and, as a public body, is obliged to pursue those costs even on an indemnity basis. Such a bas...

7. [2006] NZEmpC AC 64/06 Watson v NZ Electrical Traders Ltd t/a Bray Switchgear [pdf, 24 KB]

   ...Watson and of the relatively modest remedies to which he would likely have been entitled in the Employment Relations Authority and was ultimately awarded. Even if the Authority had taken the offer of settlement into proper account, its response cannot be described as “steely”. [11] I conclude that the Authority ought to have awarded Mr Watson substantially more in costs than the $2,500 that it did and, in allowing the challenge, I increase this figure to $6,000 togeth...

8. [2006] NZEmpC Thamer v Massey University [pdf, 22 KB]

   ...new work requirements, altering his job description and core activities, introducing a sinking lid policy, and increased workloads. [7] The plaintiff submitted that one of the alterations to his work involved the contracting out of some of his responsibilities to the information technology services department of Massey (IT services) and to other contractors. He says that this and other actions of Massey created an environment of failure for him and has led to his disadvantage. [8...

9. [2007] NZEmpC AC 59/07 Paki v Panel Holdings Ltd [pdf, 18 KB]

   ...$7,430.64 for holiday pay and sick leave, and $8,315.24 for lost wages. At the conclusion of what can only be described as a minimalist statement of claim, Ms Paki elected “a full hearing of the entire matter (a hearing de novo)”. [5] In response to a request from the defendant’s solicitors that it not be required to file a statement of defence, I considered that the Authority’s determination caused s181 of the Employment Relations Act 2000 to be engaged and, in particula...

10. [2012] NZEmpC 193 Hayllar v The Goodtime Food Company Ltd [pdf, 60 KB]

    ...submissions before they were filed. It was open to Mr Tayler if he had wanted to clarify the position to respond directly to Mr McDowell querying whether mediation costs were included in the sum claimed but Mr McDowell states that he received no response from Mr Tayler. In these circumstances, I am not prepared to take the issue of mediation costs any further. [5] Mr Tayler submitted that in the adjustment exercise the Court is required to carry out, costs in this case should be...