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...KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2019] NZEmpC 19 EMPC 436/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application to extend time to file a statement of defence BETWEEN WASTE MANAGEMENT NEW ZEALAND LIMITED Plaintiff AND BRIDGET JONES Defendant Hearing: On the papers Appearances: D Erickson, counsel for plaintiff M McDonald, advoca...
...realistically, and should not, be incorporated as particulars of a counterclaim. Applicable principles [9] The starting point for determining the adequacy of a pleading is reg 11 of the Regulations which provides relevantly as follows: 11 Statement of claim (1) Every statement of claim filed under regulation 7 or regulation 8 must specify, in consecutively numbered paragraphs,— (a) the general nature of the claim: (b) the facts (but not the evidence of the facts) upon...
...Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE EMPLOYEES LISTED IN SCHEDULE A OF THE STATEMENT OF CLAIM Third Defendants Hearing: 27 June 2016 (Heard at Auckland) Appearances: P Kiely and S Worthy, counsel for plaintiff J Lawrie, counsel for first defendant and third defendants who are members of t...
...(Mrs KB)”; and • “At this stage I do not envisage any expenses that are likely to be incurred in managing (Mrs KB’s) property”; and 5 • “I confirm that I am aware of my responsibilities to prepare and file in the Court statements containing prescribed particulars as referred to in Section 45 of the Act as to (Mrs KB’s) property …”. And the relevant statutory periods are then set out after that statement. [15] Ms Dangen was asked to swear the affidavit...
...(there are nine defendants in total) have not taken a position in relation to the application. The proceeding [2] The proceeding commenced as an application to enforce obligations of the Parengarenga 3G Ahu Whenua Trust (“the trust”). The claims against Mr Henare and is co-defendants are set out in a subsequent Statement of Claim dated 17 March 2015. In essence, the Plaintiffs claim that Mr Henare, who was a trustee of the trust, together with others, received directly or in...
...claim is tenable. [7] Given the period of short delay involved, the inadvertence of the applicant’s representative, and the proposed grounds for raising the challenge, I conclude that leave should be granted. [8] The plaintiff is to file his statement of claim within seven days of the date of this judgment. The relevant filing fee has been paid. Service of the statement of claim will need to take place thereafter in accordance with the Employment Court Regulations 2000. [...
...employee by instalments, but only if the financial position of the employer requires it. 11 At [14]. 12 At [15]. 13 At [39]. 14 At [40]. The pleadings [15] In the statement of claim which Heather Fuimaono and Mahia Fuimaono filed in this Court, it was asserted that the Authority’s decision was wrong because Ms Houia’s employer was KFL. [16] In support of this assertion, they pleaded that KFL w...
...HOMES TRIBUNAL TRI-2010-100-000011 [2011] NZWHT AUCKLAND 41 BETWEEN RODNEY JAMES HOOKER, JANIS LOUISE HOOKER and VALLANT HOOKER TRUSTEES LIMITED as trustees of the RODNEY JAMES HOOKER FAMILY TRUST and the JANIS LOUISE HOOKER FAMILY TRUST Claimants AND STEPHEN MOYLE, MARLENE MOYLE and CAMERON MCGREGOR as trustees of the MOYLE FAMILY TRUST First Respondents (REMOVED) AND STEPHEN MOYLE and MARLENE MOYLE Second Respondents (REMOVED) AND AUCKLAND COUNCIL T...
...appellant has cover for injuries to her right elbow in respect of two separate accidents. One accident occurred when she was pulling out plants in September 2018 and the other occurred when she hit her elbow on a car door in May 2019. [4] The claims for surgery and weekly compensation that arise in this appeal were lodged under the claim for the May 2019 car door accident. However, the Corporation considered both her accidents when issuing the decision and it is the gardening...
...use without approval of “the Trust” for their own personal advantage. 5. Recording of finances has been virtually non-existence and no rates were paid from 2007 through to 2014. [6] The application is purported to be supported by letters or statements signed by other owners or members of their whānau. Further documents in support were produced during the hearing yesterday. I will return to those documents shortly. Tui Te Paa and Te Aroha Te Paa’s application [7] Tui T...