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1. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...(NZPPSL) in support of an intended private prosecution against Mr Key alleging male assaults female. The rejection of the charging document was based on a failure by NZPPSL to comply with an earlier direction given on 1 May 2015 that it file formal statements in support of the allegations. [3] These present proceedings before the Human Rights Review Tribunal followed. It is alleged Mr Key breached s 62(2) of the Human Rights Act 1993. The statement of claim describes the plaintiff as...

2. KB v DC [2023] NZDT 732 (16 December 2023) [pdf, 146 KB]

   ...Car arrived it was not as advertised. 2. KB says misrepresentations have been made about the Car. He now wishes to cancel his purchase and seeks a refund of the $4,000.00 purchase price and $1,300.00 paid in freight costs. 3. DC denies the claim in full saying the Car was clearly advertised as a deregistered race car, with no warrant of fitness. DC denies any dishonest or false representations were made, saying KB purchased at a distance without inspecting the Car and therefore...

3. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

   ...the precise nature of the evidence-in-chief that he intends to call at the hearing in sufficient time for the other party to prepare cross-examination of those witnesses. The issues for decision will be established by the primary pleadings, the statements of claim and defence. Regulations 11 and 20 provide that these must state the general natures of the claim and defence, the facts (but not the evidence of the facts) on which the claim and defence are based, reference to any rele...

4. QD v KI [2024] NZDT 147 (17 April 2024) [pdf, 129 KB]

   ...7. That is, there is no evidence before me to prove any claim that CI had a $15,000.00 financial interest, or indeed any financial interest, in the motorhome. 8. The parties do agree that in the days before the purchase was completed, CI made a statement at a social function after having been drinking. The statement was, as KI says, about this alleged financial interest. QD said he essentially ignored the statement at the time as he knew it was not true. KI says CI has repeated the...

5. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [pdf, 202 KB]

   ...2014 Vincent Forsman Roberts was joined as a second defendant in the Employment Court proceedings. 2 This was on the basis that Mr Carroll had asserted that Mr Roberts personally, not the company, was his true employer. Mr Carroll filed a statement of defence and subsequently a cross-challenge against the plaintiff and the second defendant. The identity of Mr Carroll’s employer was put in dispute. The cross-challenge was also in respect of the quantum of awards in his favour...

6. CU v XG [2015] NZDT 782 (28 May 2015) [pdf, 106 KB]

   ...155 and 110 enable this claim to be brought. Was the property misrepresented in advertising? [7] I find that the property was misrepresented in advertising. This is so for the following reasons: [8] Advertising for the property included the statement “Absolutely nothing for you to do – my vendors have tastefully upgraded this lovely character home (circa 1910) with new carpets, bathroom, drapes, light fittings and new roof…”. The statement that there was “absolutely no...

7. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

   ...Member Mr RK Musuku, Member REPRESENTATION: Ms J Ryan for Plaintiff Ms M Coleman for First and Second Defendants Ms M Chen for Chen Palmer, a Law Firm DATE OF DECISION: 31 January 2013 DECISION OF TRIBUNAL GRANTING NON-PARTY ACCESS TO STATEMENT OF CLAIM AND STATEMENT OF REPLY History [1] On 15 November 2012 Chen Palmer, a Law Firm, requested copies of the statement of claim and statement of reply held on the Tribunal’s file. The Chairperson’s Minute 2 d...

8. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...sufficient weight to: (a) an offer of settlement without prejudice except as to costs made prior to the Authority’s investigation meeting; and (b) “the unnecessary costs incurred by the plaintiff as a result of the defendant’s frivolous claims”. [4] The proceedings in the Court were commenced in September 2012. No statement of defence was filed but it was not until March 2013 that proof of service was provided. Subsequently, the advocate who had represented the defendant...

9. [2013] NZEmpC 20 NZPPTA & Gray v Secretary for Education & Cambridge High School [pdf, 64 KB]

   ...delivered in this proceeding. The first by Chief Judge Colgan dated 14 December 2012 1 and the second by myself dated 13 February 2013. 2 The new matters before the Court relate to a late application by the defendant for leave to file an amended statement of defence, which is objected to by the plaintiff, and a challenge by the plaintiff to the 1 [2012] NZEmpC 214. 2 [2013] NZEmpC 13. admissibility of a brief of evidence of...

10. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

    ...for leave to withdraw as counsel; and (f) overcharged. Incompetence [27] The Committee summarised Mr KM’s assertion that Mr DF was incompetent in the following way:7 Mr KM considers that Mr DF was incompetent in respect of the matter. He claims that Mr DF failed to notify him in August 2015 of the filing of an amended statement of claim, which was later found to contain errors because it had been prepared in absence of discovery by the defendant. Mr KM also claims that Mr D...