Search Results

1. [2024] NZEmpC 105 Watkins v Highmark Homes Ltd Interlocutory Judgment [pdf, 281 KB]

   ...dissatisfied with an Authority determination on grounds that may be the subject of a challenge under s 179 of the Act, the Authority will normally be reluctant to grant a reopening. There must ultimately be an end to litigation.14 [17] The statement of claim filed by Ms Watkins in these proceedings claims that the Authority erred when it refused to reopen its investigation on the basis that: (a) the Authority failed to consider the skills and ability of the plaintiff to present...

2. AI v HC [2024] NZDT 875 (16 December 2024) [pdf, 139 KB]

   ...attended the hearing. The statement says she was ‘sitting on the sofa facing the window in the living room’ when she saw a car reversing and then hitting AI’s [vehicle] and then hitting into her other son-in-law’s car. Neither of Mr O’s statements mention his mother-in-law having witnessed an impact or having alerted them all to an imminent impact (as the typed statement claims). 13. X Ltd also points to the presence of shrubbery in the front yard area which, I agree, would ap...

3. DT processes using vehicle accident example [pdf, 26 KB]

   Car & vehicle accident claim example for the Disputes Tribunal The cause of the dispute Tania Smith was driving home at 4pm on 9 April 2014 when another vehicle didn’t stop at the ‘Give Way’ sign on the corner of Troy Street and Wellington Avenue. The cars collided. No one was hurt but both vehicles were damaged. The other car was driven by Tom Payne. The drivers stopped and swapped phone numbers and addresses. Neither driver had insurance. The police were called. Tom was give...

4. Heather v IDEA Services Ltd (Costs) [2012] NZHRRT 11 [pdf, 55 KB]

   ...REPRESENTATION: Mr and Mrs Heather in person Mr A Darroch for First Defendants Ms M Coleman for Second Defendant DATE OF DECISION: 23 May 2012 DECISION OF TRIBUNAL ON COSTS 2 Introduction [1] These proceedings were commenced by statement of claim dated 4 December 2010. Subsequently, following other discussions, Mr and Mrs Heather gave notice on 3 February 2012 that they were withdrawing their claim against all defendants. The first defendants now seek an award o...

5. [2022] NZEmpC 167 Halse v Employment Relations Authority [pdf, 331 KB]

   ...applied to judicially review the Authority’s administrative action in accepting the Trust’s application when it was lodged, seven Authority determinations, an Authority direction about non-publication conveyed by email and a minute. In his statement of claim they were described as “acts of the Employment Relations Authority” and pleaded in a list:8 A. Issuing of proceedings of 2 July 2018 B. Unsigned direction of Employment Relations Authority of 20 July 2018 C. First d...

6. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...464/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a challenge to objection to disclosure AND IN THE MATTER of an application for leave to amend statement of claim BETWEEN LYNETTE SALLY O’BOYLE Plaintiff AND O’BOYLE LAW LIMITED Second Plaintiff AND JANIS MARY MCCUE Defendant Hearing: (on the papers) Appearances: C W S...

7. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   ...it is alleged Ms Chinan breached the express and implied terms of her employment agreement. She 28 JP Morgan Chase Bank NA v Lewis, above n 4, at [95]. said Performance Cleaners was not claiming misappropriation of funds or conversion, and the statement of claim should not be read as if it was. She argued that the existence of the employment relationship was a necessary component of each cause of action, as pleaded, and tha...

8. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...September 2015, having been introduced by the firm to [Firm B] who were building surveyors, Mr FW and Ms KP appointed [Firm B] as successor architect to [Architecture Firm A] under the building contract. [10] That day, the contractor issued a payment claim under the building contract which [Firm B], as successor architect to [Architecture Firm A], had to process within the time frame specified in the building contract. On 7 October 2015, [Firm B] requested information from the co...

9. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...witness statements complaint/perjury complaint [29] Mr TM complains that: (a) Ms DC failed to obtain statements from three witnesses having previously been advised by Ms DC that their evidence was “vital” to his personal grievance.13 He claims that a direct consequence of these witnesses not having been called was that his “application for a personal grievance was declined”.14 (b) He claims that “[i]nstead …, Ms DC advised [him] to seek a summons for a different wit...

10. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

    ...being issued to her on 31 May 2002. In addition to raising grievances arising out of these events, she also alleges that she was subject to rude and humiliating treatment by her employer at a meeting on 5 June 2002. [3] Mrs Tu’itupou claims to have been unjustifiably dismissed, and that the employer carried out unjustifiable action, and that she suffered disadvantage arising out of the warning and the humiliation. [4] There are two issues to be decided in this matter....