Search Results

1. [2018] NZEmpC 75 Rachelle v Air New Zealand Ltd [pdf, 349 KB]

   ...Caisley, counsel for the defendant Judgment: 10 July 2018 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE K G SMITH STRIKE OUT [1] Air New Zealand Ltd has applied to strike-out three causes of action in the fifth amended statement of claim by Georgina Rachelle. They are described in the pleadings as workplace discrimination, defamation and sexual harassment. [2] Ms Rachelle maintains that none of these causes of action should be struck out. Jurisdiction...

2. Greer v Corrections (Strike-Out Application) [2020] NZHRRT 49 [pdf, 138 KB]

   ...1 [This decision is to be cited as Greer v Corrections (Strike-Out Application) [2020] NZHRRT 49.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 49 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [2] On 2 February 2017 Mr Greer filed a statement of claim and accompanying documents. The claim alleged failure by Corrections to provide any response to Mr Greer’s information privacy request dated 20 October 2014. [3] Mr Greer’s information privacy request was made on a Prison...

3. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...Authority’s determination that the plaintiff must pay arrears of wages to the plaintiff. In colloquial terms, any hearing will have an “all or nothing” outcome for the parties so far as personal grievance remedies are concerned. [11] The statement of claim filed on behalf of the plaintiff is not in appropriate form, containing as it does large amounts of proposed evidence and critical analysis of the Authority’s reasoning. The plaintiff is directed to file and serve by 4...

4. Hetaraka v Auckland Council - Allotments 170-176 Parish of Manurewa (2017) 158 Taitokerau MB 248 (158 TTK 248) [pdf, 215 KB]

   ...seeks a determination that an unspecified area of land is Māori customary land. The application does not define the subject area. The maps filed in support of the application refer to the wider Auckland area, south of the Manukau harbour. Statements of claim and further particulars [7] Mr Hetaraka is an applicant for all three applications. Ms Newton is a co-applicant in the Otuataua Stonefields application. 5 Despite that, they appeared separately, filed separate pleadings,...

5. EM v KU [2024] NZDT 662 (15 September 2024) [pdf, 193 KB]

   ...attending school. 2. EM says a few days after BM returned with the vehicle to [City], significant issues were discovered including a considerable oil leak. The vehicle was not driven again but required repairs totalling several thousand dollars. EM claims $3,600.00 in compensation. He says the expenses should be compensated because issues of this type should not arise with a vehicle described as being “bloody mint”, and/or or that had only travelled 500km since purchase (includi...

6. Tabram v Slater [pdf, 24 KB]

   SUMMARY Case: Tabram & Anor v Slater & Ors File No: TRI 2007-100-000041/ DBH 05001 Court: WHT Adjudicator: S Pezaro Date of Decision: 17 April 2009 Background The claimants, Mr and Mrs Tabram, filed a claim in the Tribunal for damages arising from weathertightness defects to their property. Their claim was for damages in contract based on the sale and purchase agreement and in tort against the first respondents, Mr and Mrs Slater (Slaters), who built the home and...

7. [2017] NZEmpC 48 Prasad and Tulai v LSG Sky Chefs NZ Ltd [pdf, 148 KB]

   ...a contract with Solutions which was expressed to be a contract for services, but that at all material times, the real nature of the relationship between each of the plaintiffs and the defendant was that they were employed by the defendant. The statement of claim sets out 20 particulars upon which the plaintiffs rely as evidencing the real nature of that relationship. The application for further and better particulars [6] The defendant, in the case of each plaintiff, seeks further...

8. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...therefore dismissed. The 28-day period within which REL was entitled to challenge the Authority’s determination expired on 14 December 2006. This application was made to the Court on 18 December 2006 and was accompanied by an affidavit and a draft statement of claim. The intended challenge was, therefore, 4 days out of time, or, excluding a weekend, 2 working days. [4] Although this is not the briefest application for leave to challenge out of time considered by me, the oppo...

9. Form 35A Notice of Proceeding when Summary Judgment Sought by Plaintiff [docx, 58 KB]

   ...for defendant served in Australia). Information for defendant served overseas Since you are resident outside New Zealand you are further notified that – 1. The plaintiff has commenced a proceeding against you in the District Court of New Zealand, claiming the relief specified in the attached statement of claim. 2. Although you are resident outside New Zealand, the plaintiff claims that the plaintiff can bring this proceeding against you in the District Court of New Zealand. 3. By New Ze...

10. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

    ...NZEmpC 148 at [117]. 2 JP Morgan Chase Bank, N.A. v Lewis (also cited as JP Morgan Chase Bank NA v Lewis) [2015] NZCA 255. 3 Lewis v JP Morgan Chase Bank, N.A. [2013] NZERA Auckland 18. [3] The defendant’s submissions in support of its claims for costs against the plaintiff Robert Lewis are lengthy and comprehensive. [4] First, the defendant JPMorgan Chase Bank, N.A. (the Bank or JPMorgan) says that in view of its success in the Court of Appeal, Mr Lewis should pay it...