Search Results

1. [2020] NZEmpC 147 Carrigan v The Attorney-General [pdf, 167 KB]

   ...INTERLOCUTORY JUDGMENT (NO 3) OF CHIEF JUDGE CHRISTINA INGLIS (Application for orders) [1] The first and second defendants have applied for orders striking out various aspects of the plaintiffs’ second amended statement of claim. The applications arise in the context of proceedings seeking declarations under s 6 of the Employment Relations Act 2000 (the Act) as to the identity of the employee and the employer within the framework of the model adopted for the pr...

2. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...1 AA216/10, 7 May 2010. [2] The first issue is that Mrs Neill applies to join Ferenc Schmidt and Rachel Paul as parties to the challenge. Mr Schmidt and Ms Paul were named as original parties in Mrs Neill’s statement of problem in the Authority and she tells me that when she attempted to file a challenge in this Court naming them as parties, the Registry would not accept that, perhaps understandably, because the Authority’s determination only n...

3. [2022] NZEmpC 56 Urban Décor Ltd v Yu [pdf, 290 KB]

   ...makes several arguments in support of its claim. The material before the Court, however, does not support the arguments and it is clear that Ms Yu raised her grievance well within the 90 days for the reasons set out below. The facts [16] Statements of problem were promptly filed in the Authority by Ms Yu and Ms Jin on 13 December 2019. Copies were not provided to the Court. [17] The company accepted that Ms Jin’s statement of problem was served within 90 days and referred t...

4. BI v OX [2021] NZDT 1543 (17 September 2021) [pdf, 325 KB]

   ...or fraudulent, is entitled to damages as if the representation were a term of the contract. A misrepresentation is a representation that is misleading due to its incorrect nature. It concerns past or present facts. [6] To determine whether a statement is a misrepresentation the Tribunal will consider its meaning. The meaning is precisely identified in the context in which it was made including the nature and subject-matter of the transaction and the respective knowledge of the part...

5. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [pdf, 418 KB]

   ...around its neck a sign reading “Don’t be a rat Mr DOBSON”. It also displayed a banner reading “Pak’nSlave” and distributed information to passers-by using that slogan. [57] Kaikorai took exception to this form of protest which it claimed breached good faith. In the statement of claim it pleaded the sign was accompanied by media statements, attributed to the union, in which Mr Dobson was said to have been a rat. The pleading was that calling a person a rat was an ins...

6. WS v KF [2023] NZDT 37 (13 February 2023).pdf [pdf, 193 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 37 APPLICANT WS RESPONDENT KF The Tribunal orders: The claim is dismissed. Reasons 1. In November 2022, WS purchased a car from KF on [the Internet]. When WS took delivery of the car, he discovered there were dents and scratches on it and a taillight that needed to be replaced. He fixed some of these items and the...

7. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...property in March 2017. Mr BT deducted from the sale proceeds money he claimed was owing to the trust by Mr GL in respect of both loans, together with other personal loans.5 [12] On 19 May 2017, Mr BT provided (by email) Mr GL with a “summary” statement in respect of the sale of the [suburb b] property showing NZ$667.84 owing by Mr GL to the trust in respect of the purchase of his [suburb b] property. [13] Five days later, on 24 May, Mr TE informed (by email) Mr GL that Mr BT...

8. DF v U Ltd [2023] NZDT 235 (19 May 2023) [pdf, 190 KB]

   ...$400.00 excess. 2. On the evening of 1 May 2022, DF contacted the Police to report that the [vehicle] had been stolen that day from the public carpark at [a location] while he was hunting in [Park]. 3. On 3 May 2022, DF lodged an insurance claim online with U Ltd through U Ltd’s self-service portal. The claim description was that, on 1 May 2022 “Went hiking in the [Park] and returned at around 6.30pm to no vehicle.”. 4. U Ltd has declined DF’s insurance claim. 5. DF...

9. Granting aid for Waitangi Tribunal matters policy [pdf, 851 KB]

   ...Services for Tribunal matters funded by Legal Aid Services 4 Legal Aid Services for Proceedings before Waitangi Tribunal4 Settlement negotiations and associated activities 5 Other Court proceedings 5 Non-Tribunal Activities 5 Direct Funding of claimants 6 Watching Briefs and Goodwill/Relationship Maintenance 6 Applications for and grants of legal aid 6 General 6 Eligibility 6 Requirements for Applications for Legal Aid 8 Process of making an application for legal aid 9 C...

10. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

    ...that the company’s decision to terminate his employment is flawed and he wants to halt the process and have the lawfulness of the company’s actions assessed before, rather than after, the decision takes effect. [2] The plaintiff filed a statement of problem in the Employment Relations Authority seeking, amongst other things, “an order prohibiting the termination of [his] employment, either by way of interim order relating to the personal grievance, or compliance order rela...