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1. Tabram v Slater [pdf, 19 KB]

   ...respondents’ application for costs was dismissed in the Tribunal’s substantive decision, this determination is based on the remaining costs applications by the second respondent (Ojo Limited) and fourth respondent (Mineral Plaster Technologies Limited). Claims for Costs Application by Ojo Limited (Ojo) Ojo applied for costs against the claimants and the second respondents (Slaters) on the following grounds: • The claim by the Slaters that they relied on Ojo’s plans and specifi...

2. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...argued his personal grievance was raised in time; thus, he had not applied for leave to file a grievance outside the 90-day period.5 [7] The Authority said it needed to identify the actions giving rise to the personal grievances as alleged in the statement of problem. The Authority went on to summarise the chronology. 2 At [2]. 3 At [3]. 4 At [3]–[4]. 5 At [5]–[6]. [8] On 15 October 2021, the Rūnanga had advised Mr Taniwha he would need to be vaccinated as a...

3. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...counsel for the defendants Judgment: 23 July 2013 INTERIM JUDGMENT OF JUDGE A D FORD Introduction [1] The most challenging aspect of this proceeding has been to ascertain the real issue or issues between the parties. In their statement of claim dated 12 November 2012 the plaintiffs stated that they sought from the Court “a determination of the dispute over the interpretation, application or operation of clause 4.1 of the Secondary Teachers Collective Agree...

4. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...directors of BJ. This transfer is described as occurring as the property was always intended to be owned by BJ and the purchase in the Trust’s name was in error. I am satisfied BJ has standing as an applicant given it was named as such in the “statement of claim” filed with the claim form in the Tribunal and to the extent necessary the order above confirms that to be the case. CI0301_CIV_DCDT_Order Page 2 of 6 3. The Applicants say subsequently when the property was prepar...

5. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [pdf, 252 KB]

   ...declining the application for an extension of time to apply for leave.1 [5] In those circumstances, I now discharge the order of stay made on 24 May 2022. [6] I reserve costs. Protest as to jurisdiction [7] On 14 June 2022, an amended statement of claim was filed and served by Te Whata Ora – Health New Zealand (Health NZ). [8] On 27 June 2022, Mr Halse filed an appearance under protest as to jurisdiction. On 11 July 2022, Health NZ filed an interlocutory application to s...

6. Tomov v Auckland Council [2012] NZWHT Auckland 48 [pdf, 101 KB]

   ...(i.e. on the basis of Defect 5) was a surprising one. This is because right up until that point counsel for the claimants believed that the Council was denying any liability to the claimants. The Council did not make the concession in its statement of response and the evidence of Mr Flay (which was silent on Defect 5) negated any suggestion of Council liability. It is said that Mr Flay’s evidence cannot be reconciled with the concession made about Defect 5 and that the omi...

7. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...rebuild/repair of his home in Christchurch which he said was damaged in the 2010 Christchurch earthquake. [5] Charge One alleges five issues against Mr Shand. They are: (a) that he failed to provide Mr Bligh with information in writing before filing the statement of claim; (b) the he failed to provide Mr Bligh with adequate written information on the implications of having a litigation funder involved and payment of fees; (c) that he failed to inform Mr Bligh in a timely manner a...

8. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...immunity from tortious liability. An important consideration in this context is the degree of control that any person, including a director, had over decisions made in the construction process and the construction itself. [78] The classic statement of this is the statement of Hardie Boys J in Morton v Douglas Homes Ltd:9 The relevance of the degree of control which a director has over the operations of the company is that it provides a test of whether or not his personal...

9. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application for further disclosure, an application for leave to extend time to file briefs in reply, an application for leave to file an amended statement of claim BETWEEN AIR NEW ZEALAND LIMITED Plaintiff AND GRANT KERR Defendant Hearing: (on the papers by way of submissions dated 10, 18, 22 and 24 July 2013) Counsel: Jennifer Mills and Christie...

10. Filing a financial statement of judgment debtor individual [pdf, 362 KB]

    ...can provide the required information for a financial assessment to be completed – as set out in Section C of this form. If the judgment debtor is an organisation, use form MOJ209/07/18 instead. How is a judgment creditor able to file a financial statement for the judgment debtor? An example of this is when the judgment creditor has issued the judgment debtor with a notice to complete a financial statement and the debtor complies with the request. If the judgment creditor is filing th...