Search Results

1. [2008] NZEmpC AC 42/08 Q-Med (Sweden) Australia Pty Ltd v MacDonald [pdf, 13 KB]

   ...(SWEDEN) AUSTRALIA PTY LIMITED Plaintiff AND PAUL DETOMA MACDONALD Defendant Hearing: by submissions filed on 2 October 2008 Judgment: 6 October 2008 JUDGMENT OF JUDGE C M SHAW [1] The plaintiff has had difficulty in serving its statement of claim for compliance with consent orders of the Employment Court in the proceedings ARC 113/05. It has applied ex parte for substituted service of the statement of claim and specified associated documents. [2] In suppor...

2. [2013] NZEmpC 41 Coverall Cleaning Concepts NZ Ltd v Atkinson [pdf, 71 KB]

   ...Judgment: 20 March 2013 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The plaintiff’s challenge is dismissed because of its failure to comply with an ‘unless’ order and generally for non-prosecution of the challenge. [2] The plaintiff filed a statement of claim and an application for stay of execution of the Authority’s determination 1 in early January 2013. There was no affidavit filed to support the application for stay as is expected in cases such as this. [3] By a min...

3. [2024] NZEmpC 124 Xenia Group Limited v George [pdf, 165 KB]

   ...immediately enforceable. (c) The monies are not to be paid out until further order of the Court. [5] For completeness I deal with an additional issue raised by counsel in their memorandum in respect of the plaintiff’s amended statement of claim. An order is sought under reg 19 of the Employment Court Regulations 2000 that the defendant not be required to file a statement of defence to the plaintiff’s original claim. The plaintiff’s original claim has been superseded by t...

4. [2014] NZEmpC 227 O’Hagan v Waitomo Adventures Ltd [pdf, 129 KB]

   ...Ltd [2012] NZEmpC 161 [Substantive EC judgment]; and O’Hagan v Waitomo Adventures Ltd [2013] NZEmpC 58, [2013] ERNZ 124. [2] It is convenient to deal with the strike out application first. Strike out application [3] Mr O’Hagan’s statement of claim seeking orders setting aside the Court’s judgments is based on an allegation that they were obtained by fraud. The claim as pleaded alleges that Mr Andreef, director and shareholder of WAL, gave perjured evidence at the...

5. [2014] NZEmpC 167 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 123 KB]

   ...interlocutory judgment decides two associated preliminary issues in a challenge to a determination of the Employment Relations Authority. 1 In chronological order of their filing, the first is the defendant’s application to strike out the plaintiff’s statement of claim on the basis that the challenge was not brought within time. Although that application is opposed by the plaintiff, which says that it did challenge within time as of right, the second application is the plaintif...

6. Teina Pora compensation claim innocence report [pdf, 9 MB]

   REPORT FOR MINISTER OF JUSTICE ON COMPENSATION CLAIM BY TEINA ANTHONY PORA BY HON RODNEY HANSEN CNZM QC TABLE OF CONTENTS (1) INTRODUCTION ............................................................... " ....................................... 5 (2) A SHORT HISTORY .............................. ..... .......... .. .............. , ....................................... 7 (3) APPROACH TO APPLICATION ............................................ , .............................

7. AER & AES v ZVD Ltd & ZVC [2013] NZDT 259 (8 August 2013) [pdf, 70 KB]

   ...and contents insurance. ZVR provided a quote for insurance with TB Insurance Ltd. AER accepted the quote. ZVC arranged the insurance for 12 April 2013, as instructed by AER, being the date AER expected to settle the new property. [2] AER claims that ZVC told him that the contents insurance would cover his belongings both at the property he occupied (Property A) and at the new property (Property B). [3] AER cancelled his existing policy with QW Insurance from 19 April 2013,...

8. IN & Ors v GU & J Ltd [2024] NZDT 719 (26 August 2024) [pdf, 127 KB]

   ...719 APPLICANT IN APPLICANT XN RESPONDENT GU SECOND RESPONDENT J Ltd APPLICANT'S INSURER W Ltd The Tribunal orders: 1. GU is to pay W Ltd $7,161.58 on or before 27 September 2024. 2. The claim against J Ltd is dismissed. Reasons: 1. There was a collision when a car driven by GU hit the back of a car driven by IN (and owned by XN and IN) when IN had stopped at traffic lights. IN and her insurer say that GU caused the coll...

9. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

   ...the answers to (a) and (b) are yes, were proceedings issued within three years?5 (d) If Ms Shaw has a personal grievance is she entitled to any remedies? Did Ms Shaw raise a personal grievance about alleged bullying and/or harassment? [9] The statement of claim alleged that for a number of years Ms Shaw had raised with the DHB “numerous complaints about bullying”. The allegation was that she repeatedly spoke with management about her concerns and further documented them in he...

10. National Standards Committee 1 v Deliu [2016] NZLCDT 26 [pdf, 408 KB]

    .................................................................................................. 56 Appendix A – Charges ............................................................................. 58 Appendix B - Judgments referred to by practitioner in support of statements made .................................................................................. 68 4 Introduction [1] Mr Deliu (the practitioner) is the sole director and principa...