Search Results

1. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...as the defendant in this case, to act honourably in accordance with that role, it is also open to the Authority or the Court to make a statutory compliance order if it considers this is warranted in all the circumstances. [4] The defendant’s statement of defence to the amended statement of claim says simply that he denies that the Court has jurisdiction to grant the orders sought. I do not accept that affirmative defence. Indeed, Mr Radich acknowledged that he could not support...

2. Smith v Waitakere City Council [pdf, 220 KB]

   ...MARK WILMOT SETON, AS TRUSTEES OF THE TP AND EA QUINN FAMILY TRUST Fourth respondents 2 INDEX INTRODUCTION 5 MATERIAL FACTS 6 THE HEARING 10 THE CLAIMS 13 THE DEFENCE FOR THE FIRST RESPONDENT 17 THE DEFENCE FOR THE SECOND RESPONDENT 18 THE DEFENCE FOR THE THIRD RESPONDENT 19 THE DEFENCE FOR THE FOURTH RESPONDENT 19 THE DAMAGE TO THE CLAIMANT’S DWELLING 2...

3. [2010] NZEmpC 140 Weston v Advkit Para Legal Services Ltd [pdf, 49 KB]

   ...that these events occurred substantially as Mrs Weston described them. I reach that conclusion because her evidence was largely uncontroverted on the issues of the assault and supported materially by that of Mrs Dixon-McIver and the contemporary statements made to the Police. The only matter with which issue was taken was Mrs Weston’s familiarity with the facsimile machine and whether she intentionally interrupted Kirk’s telephone conversation and thus provoked his reaction....

4. Elisara v Aasa [2014] NZIACDT 69 (19 June 2014) [pdf, 193 KB]

   ...obtaining the job offer. Then considering whether she responded properly, when Immigration New Zealand raised concerns, and when Immigration New Zealand rejected the residence application. [5] This decision upholds the grounds of complaint. The Statement of Complaint [6] The Registrar filed a Statement of Complaint. It says the complainant lodged the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint against the advise...

5. Auckland City Council (as assignee) v Irwin [pdf, 50 KB]

   Claim No: 1092 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim Between Auckland City Council (as assignee) Claimant And David Irwin First respondent And Paterson Cullen Irwin Limited Second respondent And Stuart Brentnall Third respondent And S J Brentnall Limited Fourth respondent And Carl Ruffels Fifth respondent And Auckland City Council Sixth respondent...

6. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...HOROWHENUA TRUST Defendant Hearing: by memoranda filed on 3 and 22 December 2010 Judgment: 8 February 2011 COSTS JUDGMENT OF JUDGE A D FORD [1] I concluded my judgment in this case, dated 15 November 2010, with the following statement in relation to costs: 1 [35] In all the circumstances, my preliminary view is that the justice of the case can best be met through an order requiring each party to bear their own costs but if Mr Drummond takes a different view...

7. [2008] NZEmpC CC 10/08 Corbett v Nelson Pine Industries Ltd [pdf, 15 KB]

   ...[12] The application is granted to extend time for filing an election until 7 days after the date of this judgment. Filing will only be complete upon payment of the required filing fee. Provided that is done within the 7-day period, the draft statement of claim provided to the Court on 9 May 2008 shall then become the statement of claim for the purposes of the challenge and must be served in the usual way. The respondent’s obligation to file a statement of defence will then aris...

8. [2014] NZEmpC 151 Nathan Joyce v Silveroaks Group Ltd [pdf, 54 KB]

   ...given the period of 21 days 1 Nathan-Joyce v Silver Oaks Group Limited (In Receivership) [2013] NZERA Auckland 157. within which to file and serve compliant proceedings including a draft statement of claim meeting the requirements of reg 11 of the Employment Court Regulations 2000. [5] The applicant filed an amended statement of claim on 15 August 2013. [6] On 16 August 2013 the Court issued a further Minute indicating that...

9. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...UF, through UF’s agent, LI (“the Agent”). The purchase price was $11,000.00. 2. NJ says that P was misrepresented to her. NJ seeks a refund of the purchase price and wishes to return P to UF. 3. I held a teleconference hearing of the claim with the parties on 8 May 2023. Issues 4. The issues I need to determine are: (a) Did UF and/or the Agent misrepresent P to NJ and, if so, was NJ induced to purchase P because of that misrepresentation? (b) If so, what should...

10. BORA Evidence Bill [pdf, 406 KB]

    ...hearsay evidence give rise to issues of consistency with s25(a) (right to a fair hearing) and s25(f) (right to examine witnesses for the prosecution). 11. The ability to admit hearsay evidence is subject to requirements as to the reliability of the statement and either the witness being unavailable or the Judge considering that undue expense and delay would be caused if the maker of the statement were required to be a witness. 12. The Court of Appeal has indicated that, subject to bein...