Search Results

1. EMPC Form 1 - Statement of claim regarding an ERA determination [doc, 49 KB]

   ...defendant, 3rd defendant etc) [Note please: the names of the parties should coincide with the names written on the determination of the Employment Relations Authority that is challenged] To the defendant And to the Registrar of the Employment Court Statement of claim Section 179, Employment Relations Act 2000 Election 1 I, the plaintiff, by filing this statement of claim, elect to have the Employment Court at …………………………………………….. [place] hear a matter dealt w...

2. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...breaches of the lease concerning stumpage and employment (“the damages application”). 2 [2] The lessee, TPL 4 Limited (“TPL4”), applies to strike out the damages application (“the strike out application”) on the grounds that: (a) The statement of claim does not contain sufficient particulars, is prolix and an abuse of process; and (b) The claim is time barred. [3] TPL4 also seeks summary judgment on any residual aspects of the damages application. This judgment det...

3. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   1 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Mr Brown’s claim alleges that New Zealand Post Ltd (NZ Post) subjected him to discrimination and victimisation in breach of various provisions of the Human Rights Act 1993 (HRA). The claim, however, fails to identify the facts and circumstances on which Mr Brown relies to support his allegations of breaches of the HRA and the Tribunal ordered 1 This decision is to be cited as Brown v New Zealand Post Ltd (Strike Out) [2024] NZHR...

4. [2019] NZEmpC 100 NZ Compliance and Repairs Ltd v Mistry [pdf, 193 KB]

   ...Finnigan and J Ansell, counsel for defendant Judgment: 19 August 2019 JUDGMENT OF JUDGE M E PERKINS [1] These proceedings involve a challenge to a determination of the Employment Relations Authority dated 8 March 2019.1 [2] A statement of claim and statement of defence have been filed. Mr Finnigan, counsel for the defendant, filed a memorandum of counsel accompanying the statement of defence. He complained that the statement of claim did not fully and clearl...

5. [2018] NZEmpC 102 Rachelle v Air New Zealand Ltd [pdf, 460 KB]

   ...counsel for the defendant Judgment: 6 September 2018 INTERLOCUTORY JUDGMENT (NO 3) OF JUDGE K G SMITH APPLICATION FOR FURTHER AND BETTER PARTICULARS [1] On 19 June 2018, Ms Rachelle filed her fifth amended statement of claim in this proceeding. In the same document she incorporated a notice of opposition to an application for further and better particulars of her previous statement of claim made by Air New Zealand Ltd. Ms Rachelle stated her oppositi...

6. [2014] NZEmpC 87 MacDonald v Whale Pumps Ltd t/a Denby Caterers [pdf, 54 KB]

   ...THE EMPLOYMENT COURT AUCKLAND REGISTRY [2014] NZEmpC 87 ARC 56/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for leave to amend statement of claim BETWEEN SHIRLEY ANNE MACDONALD Plaintiff AND WHALE PUMPS LIMITED T/A DENBY CATERERS Defendant Hearing: On the memoranda, affidavits and submissions of the parties filed on 8 and 24 April and 20, 26 and 2...

7. Re Alkazaz (Rejection of Statement of Claim) [2020] NZHRRT 43 [pdf, 191 KB]

   ...ALKAZAZ AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr A Alkazaz in person The intended defendant was not heard DATE OF DECISION: 23 October 2020 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 Introduction [1] Mr Alkazaz has asked the Chairperson of the Tribunal to review a decision by the Secretary to reject proceedings which Mr Alkazaz wishes to file under the Privacy Act 1993...

8. WHT - Guidelines for self represented respondents on documents required for hearing [pdf, 75 KB]

   Page 1 1 Response All respondents are required to file a written response to the claim. The response is not just a statement of defence. It should contain sufficient information to clearly inform the claimant and the other parties of the legal and factual basis of any disputes the respondent has with any part of the claims being made. It should also detail any defences and any claims being made against other parties. In particular, a response needs to set out:...

9. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

   ...RK Musuku, Member REPRESENTATION: Ms E Parohinog in person Mr JO Upton QC and Mr R Upton for first defendant Second defendant not served DATE OF HEARING: 9 April 2015 DATE OF DECISION: 5 May 2015 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The challenge – identifying what Ms Parohinog’s human rights case is about [1] Ms Parohinog sincerely and honestly believes she is the subject of covert surveillance, a microchip having been implanted in her through...

10. Apostolakis v Attorney-General No. 2 (Strike-Out Application) [2017] NZHRRT 53 [pdf, 201 KB]

    ...Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mrs K Apostolakis in person Ms V McCall for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 1 December 2017 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION [1] The Attorney-General applies to strike out the plaintiff’s claim on the basis that it discloses no reasonably arguable cause of action and is an abuse of process. [2] Mrs Apostolakis then sought...