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1. [2010] NZEmpC 23 Metallic Sweeping (1998) Ltd v Whitehead [pdf, 46 KB]

   ...costs, especially one which had good prospects of success. However, that is a result of counsel’s oversight. [8] The application for costs is declined. Submissions on costs [9] The solicitor for Mr Whitehead indicated to the Authority in response to the original submission on costs that he had no instructions. Once the challenge was filed, Mr Whitehead appears to have prepared and filed a statement of defence on his own behalf. Subsequently, and apparently because he instru...

2. EMPC Document bundle example [pdf, 125 KB]

   ...Information The Employee shall not, whether during the currency of this agreement or after its termination for whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this agreement, or as required by law, any confidential information, messages, data or trade secrets acquired by the Employee in the course of performing their services under this agreement. This includes, but is...

3. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...told Danica and Mrs Hayes that this was the position; Danica was understandably very upset and left. There was some dispute as to whether Mr Oliver said that they would no longer be required on weekdays only. In any event, Mrs Hayes resigned in response to this development. [24] At a meeting requested by Shani which was held the next day, Mr Oliver stated that because of Mrs Hayes’ resignation, he and his wife would now operate the café and there would be no work available fo...

4. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...commission on the sale. [14] Despite enquiries at both Century 21 and HNZ, no listing agreement has been located in respect of the sale from HNZ to Ms Jarman. Bill Broyd has confirmed that, 6 when he worked with Ms Jarman, she was responsible for completing agency agreements and appraisals. [15] When interviewed by the Authority’s investigator, Mr Osborne suggested that there may not have been an agency agreement in place as it was not unusual for him to simply confir...

5. Whaanga v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2014) 42 Tairawhiti MB 292 (42 TRW 292) [pdf, 202 KB]

   ...up possession in favour of the Trust. Rates [27] The applicants stated that rates arrears continue to rise and rates are sought by the local authority from the applicant and not the respondent. The applicants submitted that the respondent is responsible for the rates during her occupation. Rent 42 Tairawhiti MB 298 [28] The applicants submitted that the respondent is responsible for rental from 9 July 2012 at $180 per week in terms of the prior Court orders. Recovery...

6. Trustees in the Section 14 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Survey District (2015) 29 Te Waipounamu MB 48 (29 TWP 48) [pdf, 202 KB]

   ...document in respect of the Heads Block, that it is misleading, and that no weight can be placed on it. 3 May v May HC Hamilton FP312/91, 17 July 1991. 29 Te Waipounamu MB 53 [24] In response to the Cairnses’ subsequent written submissions, counsel for the applicants does not accept that the finding in the previous hearing was merely part of the narrative, and says it was an implicitly necessary part of the determination....

7. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...Trust. [2] The application was heard together with the Mangamaire B13A Trust removal proceedings on 6 May 2015. 2 They were adjourned to allow Mr Hutcheson time to respond to the allegations. I also confirmed that following the receipt of any response a written decision would issue in due course. As at the date of this judgment, no further information has been received from the parties. 1 McGregor v Hutcheson – Mangam...

8. [2013] NZEmpC 83 Davies v Dove Hawkes Bay Inc [pdf, 101 KB]

   ...evident that Mr Davies had not provided a clear request to have his personal grievance raised until 15 December when he had a session with Ms Beacham in regard to the grounds and claims available just before the 90 day period ended. He has to take responsibility, not the agent. There was no clear indication before their session that a personal grievance would be raised. Therefore he left it too late when he contacted Ms Beacham about his case. … The reason for the delay clearly...

9. [2014] NZEmpC 158 Whaanga v Sharp Services Limited [pdf, 130 KB]

   ...have been at your side. Mr Sharp: I don’t need a doctor’s certificate, I just need you to be honest. Face up to what is really going on. You are treating me like a fool, which is unfair and I have made it clear you are manager and you are responsible for the office. Wake up and stop pointing the finger at anyone but yourself. [16] By this stage Mrs Whaanga had formed the view that Mr Sharp did not want her to continue working at Sharp Services. This was unsurprising, and l...

10. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

    ...documents but if he had he would have ensured that the agreement was signed on every page not just Page 2. He accepted that his solicitors had referred the letters received from Glaister Ennor (the Calder’s solicitors) to him and prepared their responses based on instructions from him in which the Memorandum of Understanding was put forward as being signed and binding. However he denied any suggestion that the initials were the only thing that bound the Calders to the Memorandum of Un...