Search Results

1. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...had it not been for the time wasted in clarifying the defendant‟s stance in relation to the issue over the duration of the plaintiff‟s employment. In respect of the delays resulting from argument over that issue, the defendant must accept responsibility. [14] There is another aspect of the issue over the duration of the plaintiff‟s employment which was confirmed in Mr O‟Sullivan‟s submissions. With no cross- challenge, there appeared to be ample evidence before the Court...

2. [2010] NZEmpC 57 Smith v Attorney-General for Commissioner Of Police [pdf, 29 KB]

   ...Court might make. Mr Smith is concerned, however, that Association assistance might at best be no more than 50 per cent of the costs awarded and even these will need the approval of the Association’s board. He says that in reality he will be responsible for the payment of any costs awarded against him and any contribution he may recover from the Association will be a bonus. [20] Mr Smith regards the Commissioner’s legal costs as “extraordinary”, noting that his own lawye...

3. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...22 NOVEMBER 2013 I recall agreeing readily to speak to this dinner out of an enormous sense of relief that I had not been asked to write a paper and present it at the Conference. Over the last few weeks I have come to regret that hasty response to Pam Nuttall’s blandishments. Until literally very recently, I have been completely stumped to know what to talk about. Coming from someone who expresses himself in words constantly and, many would say, over-fulsomely, that is a...

4. EMPC Courtroom advocacy essential skills 2 etiquette [pdf, 227 KB]

   ...aware of such tactics and they often rebound.14 You are likely to be dealing with opposing counsel over a number of years. Take a long term approach to building your professional relationships. Remember that your obligation to be courteous, responsive and professional extends to all phases of the litigation process, including telephone conversations with opposing counsel and correspondence. A useful yardstick in drafting correspondence is to consider how a Judge is likely to vi...

5. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...affidavit. By consent two additional emails were provided to the Court. At the conclusion of the submissions I granted the plaintiff leave to file and serve a further affidavit with the defendant having leave to file and serve affidavits in response. The case would then be determined on the basis of the submissions already made. This leave was granted principally because the parties had concentrated on the merits of the case as well as the reasons for the delay in filing...

6. [2012] NZEmpC 44 Lyttelton Port Co Ltd v Maritime Union of NZ [pdf, 74 KB]

   ...events said to constitute unlawful strike action were scheduled to commence. [2] About now, literally, a container ship known as Lisa Schulte is scheduled to arrive at the Port of Lyttelton to discharge and load cargo. The stevedoring company responsible for the vessel‟s berthage and cargo turnaround is Lyttelton Port Company Limited (LPCL). LPCL also owns and operates Lyttelton Port. Unless required to do so by injunctive order, members of the defendant unions, who are emplo...

7. ENVC Hearing 6Oct14 AC rebuttal Kala Sivaguru [pdf, 107 KB]

   ...or detract from my opinions. SCOPE OF EVIDENCE 6. This Rebuttal Statement of Evidence responds to issues raised in the section 274 party evidence, having regard to the JWS and proposed conditions. Page 3 31555362:629148 RESPONSE TO SECTION 274 PARTY EVIDENCE 7. I have reviewed the section 274 evidence. The following is my response to issues raised relating to potential adverse effects on little blue penguins, biosecurity and pest management. Expe...

8. [2015] NZSAAA 02, (30 January 2015) [pdf, 37 KB]

   ...proceed, would not have “a realistic prospect of success”. Result [17] The statutory time limit was exceeded by well over six years. This delay, which on any view is inordinate, is wholly attributable to the appellant’s inaction. It was her responsibility to file the appeal within the required 21 day timeframe. This responsibility was clearly communicated to her, both verbally and in writing, by StudyLink. Furthermore the application is one in which the merits of the propos...

9. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...defendant (through his counsel) that compensation to the complainants would contain a “commercial benefit” to them, showed a strange attitude on the part of the defendant to his destructive conduct. Mr Hodge submitted that the defendant should take responsibility for that conduct which had a consumer impact in that, although the business records of the agency had been wantonly altered, there were consumers whose details with the agency had become incorrect and without their knowledge...

10. Eru v Kīngi - Whakapoungakau 24 (2014) 101 Waiariki MB 1 (101 WAR 1) [pdf, 126 KB]

    ...Fenwick resigned. At a previous judicial conference an issue arose as to whether or not the orders issued on account of the resignation and the passing of two trustees meant that the number of trustees reduced to two. I made two principal points in response to counsel. [7] First, the language of s 239 of the Act refers to addition, reduction and replacement of trustees. Section 240 is inappropriate to use in such circumstances because none of the three affected trustees are bei...