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1. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   ...members of the public. [2] This judgment deals with various interlocutory matters raised by the parties that have delayed the progression of the substantive proceedings. History of the proceedings [3] Associate Professor Wiles’s statement of claim was filed in the Court on 27 January 2022. The Court was able to hear the matter expeditiously, but due to availability and preparation issues, the dates agreed for the hearing were 5–13 September 2022. [4] Timetabl...

2. [2021] NZEmpC 51 McKeich v DDUP NZ Ltd [pdf, 252 KB]

   ...Judgment: 22 April 2021 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL: (Application for further and better particulars) Introduction [1] Mr Yong Liu, the second defendant, seeks further and better particulars of an amended statement of claim in which claims of an enforcement nature are brought by Ms McKeich and Mr Hanson against Mr Liu. [2] The proceeding has its genesis in a series of determinations of the Employment Relations Authority (the Authority...

3. [2008] NZEmpC WC 20/08 Musa v Whanganui DHB and Soloman [pdf, 40 KB]

   ...District Health Board] is vicariously liable to Mr Musa for the actions of Mr Solomon in circumstances where Mr Solomon was not authorised to act on behalf of the DHB and did not purport to do so.” [3] Since its removal, the plaintiff has filed a statement of claim. The first defendant filed a statement of defence. The second defendant applied to strike out the claims against him. [4] The sole ground of the application to strike out is that the cause of action pleaded agains...

4. Kwak v Park [2015] NZWHT Auckland 3 [pdf, 208 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2013-100-000038 [2015] NZWHT AUCKLAND 3 BETWEEN JOONG SONG KWAK AND HYE SOOK KWAK Claimants AND HYUN SU (MARIO) PARK AND DUK SUN LIM (Removed) First Respondents AND HYUN SU (MARIO) PARK Second Respondent AND ROSE MARY MCLAUGHLAN (Removed) Third Respondent Hearing: 13 and 14 April 2015 Appearances: Jonathan Wood for Joong Song Kwak and Hye Sook Kwak Mr Park in person Decision: 16 June 2015 FINAL

5. [2011] NZEmpC 73 Snowdon v Radio New Zealand Ltd [pdf, 143 KB]

   ...TRAVIS [1] On Tuesday 14 June 2011, on the application of the defendant in WRC 8/09 (the fraud proceedings), I struck out all references to Mr Quigg or his firm Quigg Partners, Barristers & Solicitors, in the plaintiff’s second amended statement of claim dated 18 August 2010. The following are my reasons for so doing. [2] The second amended statement of claim in the fraud proceedings runs to 77 pages and contains also a schedule of changes made to the first amended statem...

6. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...of this sort but particularly in this case where there are so many preliminary issues, it is essential at the outset to describe the nature and scope of the proceedings from the latest pleadings filed. These are the plaintiff’s second amended statement of claim (dated 18 April 2013) and the defendant’s statement of defence (dated 20 March 2013) to the plaintiff’s first amended statement of claim. [4] Mr Lewis was formerly the Chief Executive Officer (CEO) of the New Zealand b...

7. EMPC Form 1AA - Challenge the dismissal of frivolous or vexatious proceedings [doc, 55 KB]

   r 6A Form 1AA Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings Section 178A, Employment Relations Act 2000 In the Employment Court No: / (Auckland, Wellington or Christchurch* Registry (the reference number allocated by *Corresponds to the ERA registry) the registry, i.e. EMPC/) Election to have matter heard in the Employment Court Between ………………………………………. [full name] of ………………...

8. [2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School interlocutory [pdf, 115 KB]

   ...by the defendant Board of Trustees to a determination of the Authority dated 30 September 2013. 3 It relates to the costs awarded in respect of the plaintiffs’ unsuccessful personal grievance claims. c) ARC 25/14: This is a matter where statements of problem filed by Mr and Mrs Cronin-Lampe in the Authority have now been removed to the Court. The removal was made pursuant to a determination of the Authority dated 14 April 2014. 4 The proceedings involve common law acti...

9. [2017] NZEmpC 73 Caterers on the Run Ltd v Pillay [pdf, 68 KB]

   ...45/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CATERERS ON THE RUN LIMITED Plaintiff AND YADESHWAR PILLAY Defendant Hearing: On the papers being a Statement of Claim filed 2 March 2017 and minutes of the Court dated 10 March 2017 and 17 May 2017 Judgment: 9 June 2017 JUDGMENT OF JUDGE M E PERKINS Introduction [1] This is a matter in which the plaintiff has cha...

10. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

    ...LTD AK AC 19/08 3 June 2008 IN THE EMPLOYMENT COURT AUCKLAND AC 19/08 ARC 4/07 IN THE MATTER OF de novo challenge to determination of the Employment Relations Authority AND IN THE MATTER OF application for leave to file Statement of Defence out of time BETWEEN CHRISTOPHER BARRY Plaintiff AND ANOOP INVESTMENTS LIMITED Defendant Hearing: 21 May 2008 (Heard at Auckland) Appearances: Matthew Young, advocate for plaintiff Mohammed Khan, counsel for...