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1. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...December 2020 INTERLOCUTORY JUDGMENT OF JUDGE KATHRYN BECK (Application to strike out part of the pleadings) [1] This is an application to strike out paras 136, 136(a), 137(a), 137(b) and 136(c) (the paragraphs) of the second amended statement of claim filed on 15 September 2020, pursuant to r 15.1 of the High Court Rules 2016, on the basis that they disclose no reasonably arguable cause of action, defence or case appropriate to the nature of the pleading, or are otherwi...

2. Gibbons v Armour Guard [2018] NZHRRT 10 [pdf, 247 KB]

   ...Armour Guard employee, 1 [This decision is to be cited as Gibbons v Armour Guard (Strike-Out Application) [2018] NZHRRT 10]. 2 was acting as a security officer at the time and made a statement to the Police about the incident which Mr Gibbons believes to be false. Mr Gibbons subsequently telephoned Armour Guard about the incident and the statement made by Ms Thurgood. [2] In July 2016, Mr Gibbons complained to the Privac...

3. McQuade v Young & Ors as Trustees for the Maureen Young Family Trust [pdf, 136 KB]

   CLAIM FILE NO: 00119 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN DENNIS & JANE McQUADE Claimants AND MAUREEN YOUNG, RICHARD MARTIN & B D BYERS (Trustees for the Maureen Young Family Trust) First Respondent AND SAM YOUNG Second Respondent AND PORIRUA CITY COUNCIL Fourth Respondent AND BULLEYMENT-FORTUNE ARCHITECTS LIMITED Fifth Respondent (intituling cont...

4. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has sought leave to amend its pleadings as to the quantum of damages it is seeking against the defendants. The amendment consists of deleting two paragraphs of the combined statement of claim and further particulars which set out the calculation of damages for the period 1 April 2004 until 31 December 2004, totalling $1,796,000, and sought, in paragraph 25, a sum of not less than $1 million from the fir...

5. [2006] NZEmpC AC 70/06 Skinner & Anor v Stayinfront Inc [pdf, 43 KB]

   ...determination on the preliminary matter or, does the filing of the challenge on the preliminary issue open up the entire matter of the personal grievance for decision by the Court. Proceedings in the Employment Relations Authority [2] In their statements of problem in the Authority each plaintiff alleged unfair constructive dismissal. In Mr Tobin’s case he said that he had been induced to enter a comprehensive settlement of his employment claim under duress and Ms Sk...

6. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...prospect of success. Finally, the plaintiffs seek to increase the award of costs for further costs incurred by them after Mr Dunn had declined to accept an offer of settlement, which would have seen him better off than did the total rejection of his claims by the Authority. [4] The defendant submits that the Authority was in the best position to have made an assessment of the impact on costs of the various matters raised by the plaintiffs on this challenge, having seen and heard t...

7. OX v PM Ltd [2020] NZDT 1331 (22 June 2020) [pdf, 498 KB]

   ...the DJI (manufacturer’s) website as having automatic RTH and omnidirectional OAS that can guide the drone home safely, and Mr X states that the website shows the drone also tracking a target whilst flying along through trees, with an accompanying statement: “When tracking a target, the Mavic2 can plan a flight path on its 3D map. It will sense, recognise, and avoid obstacles in front of, and behind the aircraft, all while shooting your target without interruption”. A current video...

8. TRA - Notice of claim [pdf, 354 KB]

   Page 1 For more information visit www.justice.govt.nz/tribunals TRA 29/24 - 1 TRA no: Notice of Claim In the Taxation Review Authority In the Matter of [Specify the appropriate Act(s), for example the Income Tax Act 2004, the Income Tax Act 2007, or the Goods and Services Tax Act 1985] Between [Full name, address, and occupation] Disputant And The Commissioner of Inland Revenue Defendant Notice of Claim Dated: Agent If you are being represented by an agent (for example,...

9. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...He then recorded the proposed strategy in respect of the claim in the following way: We will have a meeting with both [TR and TS] next week and set out where we shall head with this claim. I consider the best approach is to draft up a quick Statement of Claim to lodge in the District Court here in [Auckland] and attach that to a letter to in-house counsel. Depending on our clients’ views on whether their claim can be elevated to a higher status (and the quantum increased) we...

10. [2012] NZEmpC 172 Gregory v CE of the Department of Corrections [pdf, 301 KB]

    ...resulted in his dismissal. [2] The Employment Relations Authority 1 (the Authority) found each of the reasons given for the decision to dismiss Mr Gregory were justified, as were each of the three warnings he received. It dismissed his claims that he was unjustifiably disadvantaged and dismissed. The plaintiff challenged all of the Authority’s findings and sought a full hearing of the entire matter. It appears the Court heard evidence and saw extensive documentation that...