Search Results

1. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-100-000023 [2011] NZWHT AUCKLAND 19 BETWEEN OVERVIEW TRUSTEE LIMITED AS TRUSTEE OF THE CARRIGAFOYLE TRUST Claimant AND GILBERT EDMOND ANTON COOK AND MARK SIMON HORNABROOK AS TRUSTEES OF THE C C TRUST (Removed) First Respondent AND GILBERT EDMOND ANTON COOK (Removed) Second Respondent AND AUCKLAND COUNCIL Third Respondent AND FEARON HAY ARCHITECTS LIMITED Fourth Respondent AND ARCHITECTURAL WINDOW

2. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...form, and the advice she provided to her client met the relevant professional standards. [5] The Tribunal must accordingly measure the facts against standards of professional conduct that applied to Ms Kim. The complaint [6] The Registrar’s statement of complaint put forward the following background facts alleged to support the complaint: [6.1] In May 2011, the complainant engaged Ms Kim to submit a Long Term Business Visa (LTB Visa) application. They entered into a written agreem...

3. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...where allegations are admitted, this summary of the case is only of relevant allegations and denials for the purpose of determining the interlocutory applications presently before the Court. [3] The relevant pleadings are the plaintiff’s amended statement of claim of 8 September 2010, the defendants’ amended statement of defence and counterclaim of 2 June 2011, and the plaintiff’s statement of defence to the defendant’s counterclaim of 6 July 2011. I note here that the defe...

4. [2016] EmpC 128 Vasona Networks Inc v Sunder [pdf, 83 KB]

   ...of the Employment Relations Authority (the Authority) out of time. 1 [2] The Authority’s determination was issued on 16 June 2016. In that proceeding Mr Rajeev Sunder claimed that he was unjustifiably dismissed by Vasona and he sought reinstatement to his position, or to a position no less advantageous to him as well as financial remedies. The issues identified by the Authority in its determination were: 2 1 Sunder v Vaso...

5. Disputes-Tribunal-Amendment-Bill_FINAL.pdf [pdf, 1.5 MB]

   ...higher value. This also advances my priority of timely access to justice. Executive summary 3 Increasing the disputes tribunal financial jurisdiction to $60,000 will make the Disputes Tribunal more widely available for people to resolve their claims. The District Court is generally not considered an affordable forum for civil claims between $30,000 and $60,000. 4 Ministry of Justice modelling suggests that around 2,000 claims per year could see improved access to justice as a...

6. [2015] NZEmpC 222 Marra Construction (2004) Ltd v Pretorius [pdf, 146 KB]

   ...hours worked in excess of a 40-hour week; or  a payment for extra hours under the Minimum Wage Provisions of the Minimum Wage Act 1983 (MW Act). [3] The Authority concluded that any claims had to arise on or after 3 March 2008 since the statement of problem was filed on 3 March 2014. Then the Authority held: a) The claim for honouring the oral understandings of late 2007 was outside the limitation period and could not be pursued since all the elements necessary for pros...

7. [2012] NZEmpC 46 Progressive Meats Limited v Pohio & Anor [pdf, 45 KB]

   ...NZEmpC 46 [9 March 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 46 WRC 32/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for leave to file statement of defence out of time BETWEEN PROGRESSIVE MEATS LIMITED Plaintiff AND TOM POHIO, ERU TE RITO, CARL BERG, KEVIN BLANE, WAYNE GERBES, PAUL COOKE, HAMISH WALDON, JAMES CAMPBELL, ROBERT AIRD, DAVID BLUE BROWN,...

8. [2010] NZEmpC 145 Young v Bay of Plenty DHB [pdf, 32 KB]

   ...expired 28 days after it was issued on 23 April 2010. On 5 May 2010 Mr Young, by his solicitor, filed an application for leave to extend the time for filing his challenge. His application was accompanied by a bare and arguably insufficient draft statement of claim electing a challenge by hearing de novo and an affidavit from Mr Young setting out the circumstances in which he claimed he had failed to file his challenge as of right within time. That application was served on the re...

9. Ly v Navarette-Scholes [2015] NZIACDT 16 (06 March 2015) [pdf, 88 KB]

   ...Denyer, lawyer, Ministry of Business Innovation and Employment, Auckland. Complainant: In person. Adviser: Mr S Laurent, Laurent Law, Auckland. Date Issued: 6 March 2015 2 DECISION The issue [1] The Registrar filed a statement of complaint dated 24 November 2014. Through her counsel Ms Navarette-Scholes responded with an application to dismiss the complaint on the grounds: [1.1] The Statement of Complaint does not comply with the Tribunal’s practice note...

10. [2025] NZEmpC 1 Byrne v Coverstaff Recruitment Group Ltd [pdf, 198 KB]

    ...one candidate or employee, he breached an enforceable restraint against dealing with any client or candidate of the defendant that he had dealt with during his employment. Mr Byrne has challenged the Authority’s determination [8] In his statement of claim, Mr Byrne outlines his version of what happened when he was dismissed. He says that he was unjustifiably dismissed. [9] Mr Byrne further says that the restraint of trade in his employment agreement was not enforceable due...