Search Results

1. [2018] NZEmpC 133 Infinity Automotive Ltd v Lorigan [pdf, 267 KB]

   ...lawyers sent an email to Mr Lorigan, requesting him to comply with the Court’s costs judgment and pay the sum of $14,495 for costs without delay. Advice as to when payment could be expected was also requested. The evidence suggests there was no response. [5] Mr Lorigan applied to the Court of Appeal for leave to appeal against this Court’s judgments declining Mr Lorigan’s application for joinder,5 and his application for a stay of proceedings in the Court,6 on which the c...

2. [2022] NZACC 101- Stewart v Accident Compensation Corporation (25 May 2022) [pdf, 164 KB]

   ...formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. Judge McGuire directed that Ms Stewart file 2 an application for late filing by 18 May 2022, and the Corporation file a memorandum in response by 8 June 2022. [3] On 19 May 2022, Ms Koloni submitted that the appeal was filed late because she could work only 10 hours a week, due to her accident-related injuries, she did not have the resources to delegate administrative...

3. McDonald - Kai Iwi No.1C (2021) 440 Aotea MB 279 (440 AOT 279) [pdf, 217 KB]

   ...matter will be reheard at a special hearing pursuant to r 3.7 in Whanganui on Wednesday 15 December 2021 at 10:00am. (b) I invite interested parties, including the three relevant trustees appointed by the Court on 15 November 2021, to provide a response to the material submitted by Ms McDonald by 5:00pm on 10 December 2021. Ms McDonald will be given the opportunity to reply to any further material that is submitted during the course of the rehearing. (c) For the avoidance of do...

4. FB Ltd v NG & BJ Ltd [2021] NZDT 1486 (6 April 2021) [pdf, 103 KB]

   ...replacement. Thus, in its model a replacement cost is that of the whole line not the individual poles. The reasons for managing the poles in this way are several. Included is a safety concern where replacing the section involves less interference with its responsibility to have power available for critical activities and dependencies of customers such as medical services. In terms of economics there are savings with replacing lines by co-ordinating replacement works. Overall FO say this...

5. [2021] NZEmpC 216 VMR v Aviation Security Service (AvSec) division of Civil Aviation Authority [pdf, 204 KB]

   ...Employment Relations Authority.1 They brought a de novo challenge to the Authority’s determination, on a variety of grounds. Some of these concern the efficacy of the Pfizer BioNTech Vaccine (Pfizer vaccine), as mandated by the COVID-19 Public Health Response (Vaccinations) Order 2021. Urgency has been granted, and the hearing is scheduled for 17 December 2021. [4] In a memorandum providing further and better particulars of the plaintiffs’ claim, their counsel, Ms Grey, confi...

6. LX v HO Limited [2019] NZDT 1428 (19 June 2019) [pdf, 113 KB]

   ...negotiated in the Agreement. As clause 2 extends back to 2010, the company lost the ability to use the site for free from that time. 13. The company raised a concern about missing equipment at the site, but no findings could be made about any responsibility for that equipment that generated a set-off to the claim. CI0301_CIV_DCDT_Order Page 3 of 4 14. I have had regard to LX’s concern that the company had transmitted to more customers in the preceding years. However, it...

7. X v Y Ltd [2021] NZDT 1425 (18 March 2021) [pdf, 224 KB]

   ...not raise any issue with the proposed arrangement as they did not want to lose their jobs during lockdown. I also have regard to Mr Z’s reference to two emails indicating Mr and Mrs X’s willingness to engage in Y’s proposal, being an email response he received from Mrs X when he sent them the link to guidelines for applying for the wage subsidy on 27 March 2020 where Mrs X advised that they had already applied for the subsidy and thanked him for the good news for the “rest of the...

8. D-com-Position-Profile-Large-Print [docx, 63 KB]

   ...imposed upon him or her by or under this Act or any other enactment. (e) any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment. Human Rights Commissioner and Human Rights Commissioner with Responsibility for Disability Rights Key Competencies 1. Relevant professional qualifications or experience. 1. Appreciation of human rights issues. 1. Leadership skills. 1. Relationship management ability. The successful applicants will h...

9. Madoc v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 245 [pdf, 154 KB]

   ...indecision, there was less justification for an extension than where the delay resulted from error or inadvertence, particularly if understandable. [12] Mr Madoc’s lawyer, Mr Sara, explained the reasons for the delay, which were clearly not the responsibility of Mr Madoc. 3 Above, note 2. 5 [13] This Court is satisfied that Mr Madoc’s delay arose out of the error or inadvertence of his legal representative. (c) The conduct of the parties [14] The Supreme Court...

10. OH v RI Ltd [2020] NZDT 1678 (20 July 2020) [pdf, 92 KB]

    ...communal residential. He said that as housing, the applicable legislation required the third bedroom to have a window and natural light and ventilation. [7] OH pointed out that the apartment was fully self-contained and that he and his friends were responsible for the internal management and maintaining of the unit during their stay (unlike the situation which would have existed had they been staying in a hotel or motel). OH said that the apartment was more like a holiday home than a sho...