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1. [2020] NZEmpC 156 McCook v Chief Executive of the Inland Revenue Department [pdf, 181 KB]

   ...plaintiff in the present proceedings. As noted, that order has now been made under s 189 of the Act. [4] In this proceeding, I dismiss Mr Head’s application and reserve the costs incurred in dealing with it. [5] The plaintiffs have filed a sixth statement of claim today, which includes Mr Head as the second plaintiff, and effects what Mr Cranney describes as tidying up amendments. 1 Head v Chief Executive of the Inland Reven...

2. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...Disability Commissioner [7] Jurisdiction [14] 1 [This decision is to be cited as: Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9] 2 THE SCOPE OF THE PRESENT PROCEEDINGS [17] The statement of claim [17] The statement of reply filed by IDEA Services [19] The admissions by IDEA Services – Right 4(1) [20] The admissions by IDEA Services – Right 4(2) [22] Admissions limited [24] The evidence [30] THE COURSE...

3. Form 6 List of Documents Relied On [docx, 44 KB]

   Guidance on Using the List of Documents Relied On Template (Form 6 of the District Court Rules 2014) About the list of documents relied on [bookmark: Purpose]When filing a statement of claim, statement of defence, or other pleading, you need to file and serve on the other parties (at the same time as the pleading) a list of all the documents referred to in that pleading. You also need to list any other principal documents that you have used when preparing the pleading and on which you intend to...

4. Nguyen v Hu [2016] NZIACDT 24 (16 May 2016) [pdf, 96 KB]

   ...which could justify his apparent failure to meet standards of service delivery, and compliance with statutory requests. Accordingly, the Tribunal found the written record established the grounds for complaint. The complaint [3] The Registrar’s Statement of Complaint put forward the following background as the basis for the complaint: [3.1] The complainant engaged Mr Hu to assist with immigration matters, between January 2012 and April 2013. Mr Hu was aware that the complainant had...

5. [2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 235 KB]

   ...JUDGE M E PERKINS (Good Faith Report and Application for Stay) Introduction [1] These proceedings involve a challenge to a determination of the Employment Relations Authority (the Authority) dated 1 May 2018.1 The plaintiffs have filed a statement of claim electing a de novo challenge to the determination. There is an indication in the statement of claim that the plaintiffs are intending to file an 1 Turuki Healthcare Service...

6. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

   ...HENARE [Weekly compensation; incapacity s 103 Accident Compensation Act 2001] ___________________________________________________________________________ [1] The appellant, Mr Langston suffered injury in a rugby accident in March 1980. He did not claim cover for personal injury by accident until December 2003. He received cover for a prolapsed disc at C6/7 following the decision of Judge Beattie in 2008.1 [2] Mr Langston then sought back dated weekly compensation which the Corpor...

7. [2019] NZEmpC 150 Ways Electronics Ltd v Sharma [pdf, 378 KB]

   ...no issue as to costs. [5] Mr Sharma, however, considered that following the filing of the discontinuance, costs should in fact be paid to him. [6] The normal rule is that legal costs of representation incurred by the opposing party may be claimed following the filing of a discontinuance: Direct Auto Importers (NZ) Ltd v A Labour Inspector.2 [7] An award of costs is made pursuant to the discretion which the Court possesses under cl 19 of sch 3 of the Employment Relations Act 2...

8. [2020] NZEmpC 216 Hatcher v Burgess Crowley Civil Ltd [pdf, 158 KB]

   ...HOLDEN [1] The plaintiff, Mr Hatcher, filed a challenge to an Authority determination in October 2018.1 He discontinued that challenge on 30 June 2020. The defendant, Burgess Crowley Civil Ltd (Burgess Crowley) now seeks costs. It bases its claim for costs on Category 2B in accordance with the Practice Direction Guideline Scale.2 Using that categorisation it claims $28,441. [2] Mr Hatcher opposes the award of costs, submitting they should lie where they fall. First he says a...

9. [2013] NZEmpC 14 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 75 KB]

   ...“charges” and himself as the “accused”. That is, however, to mis-state fundamentally the civil nature of these proceedings and the application against him for a compliance order. [21] Mr Hinchcliff purports to wish to be informed by a sworn statement of claim by me as the presiding Judge to answer a number of questions as to my “commercial liability”. He has purported to require that my sworn statement setting out the answers to his specific questions be received by...

10. [2010] NZSC 218 CA780/2009 Parker v Silver Fern Farms Ltd [pdf, 32 KB]

    ...2 Employment Relations Act 2000, s 179(2). [8] Mr Parker said that after he received the Authority’s decision he engaged a lawyer and signed an application for legal aid. Apparently the lawyer prepared a basic statement of claim. On 5 December 2008, the day on which time expired, Mr Parker contacted the lay advocate who had acted for him at the hearing before the Authority and provided her with the filing fee for the challenge. She contacted the l...