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...Court location (e.g. “Manukau”) 1. The plaintiff claims costs of $xx.xx as detailed in the table below: Item (as per schedule 4) Time allocation Recovery Rate Cost claimed Enter your item claimed here e.g. Item 1 Preparing notice of claim or statement of claim Enter your time allocation e.g. 0.75 Enter your recover rate e.g. $1030 Enter cost claimed by multiplying the time allocation and the recover rate E.g. $772.5 Delete...
...2000 is whether an employer may sue an employee in the Authority for remuneration mistakenly overpaid. Some of the defendants, full-time fire fighters, assert that the Authority is not empowered to investigate and determine their employer’s claims for repayment of allowances mistakenly overpaid by the New Zealand Fire Service Commission (the Commission) to a number of its employees. [2] Although the Authority did not make findings of fact and state these for the Court on its re...
...had been at the bar including Mr Smith and Mr X. He spoke to the bar’s duty manager, and a bouncer, but concluded they did not witness what had happened. [19] Mr Smith cooperated fully in Mr Blake’s investigation. He provided two statements about the incident. In the first, Mr Smith disclosed that on 24 August 2015 he had been diagnosed as suffering from depression and was treating his illness with medication, the dosage of which was increased on 14 September 2015 (that...
...distributed to assist the defendant, from Pak’nSave to Pak’nSlave in picketing material. In combination, these circumstances were said to amount to a breach of the duty of good faith and a declaration to that effect was sought. [9] The statement of defence in this proceeding is extensive. The pleading that the plaintiff had been prepared to enter into a collective agreement is denied by the defendant followed by extensive pleadings about general anti-union behaviour i...
...Citibank”. (b) It was submitted that the category 6 documents concerned the plaintiff’s allegation that her employer unlawfully made a deduction from her wages before transferring money into her bank account. The plaintiff’s bank statements, which had been disclosed to the defendants, showed the plaintiff received in her bank account $27 less than the amount shown in her payslips. (c) What was sought was “the defendants’ side of those transactions” – i.e...
...perspective and requesting that the company work to resolve those concerns. The statement of problem, which DJK drafted (having concluded that she could no longer afford to engage a lawyer), makes reference to these concerns. Ultimately, only a claim of unjustified dismissal was pleaded by DJK. It was this pleading that led to the company’s claim that the grievance (the claim of unjustified dismissal) was out of time. And it is that which subsequently led to the company’s ch...
...principle of caveat emptor or ‘buyer beware’ also applies as this was a private sale. KH will however be liable for any misrepresentations about the motorhome which induced NK to enter into the contract. 11. A misrepresentation is a false statement of past or present fact, may be either innocent or intentional, and includes half-truths. Statements of opinion are not misrepresentations unless they contain implicit representations of fact. Silence is not generally a misreprese...
...claiming that the dismissal was unjustified because his conduct was not serious enough to warrant dismissal and the disciplinary process was conducted in an unfair and unreasonable manner. The plaintiff, Randwick Meat Co Limited (Randwick), filed a statement in reply in the Authority claiming that Mr Burns had been justifiably terminated from his employment following a procedurally fair and substantively justified disciplinary process. [2] Mr Burns also made application to the Autho...
...Chairperson Ms L Ashworth, Member Mr MJM Keefe QSM JP, Member REPRESENTATION: Miss SM Lawson in person Mr M Smith for defendant DATE OF HEARING: On the papers DATE OF DECISION: 31 May 2023 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In December 2016 Miss Lawson made a complaint to the Health and Disability Commissioner (HDC) against a (then) District Health Board. Between December 2016 and September 2017 Miss Lawson submitted various documents to th...
...that Mr Tan engaged in a sustained course of misleading and dishonest behaviour, and was negligent in some respects. It has upheld the complaint on that basis, in addition to the elements Mr Tan accepted. The complaint [9] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [9.1] The complainant engaged Ms Aasa as a licensed immigration adviser. Mr Tan also attended a meeting on 21 October 2010, when Ms Aasa received h...