Search Results

1. [2020] NZEmpC 89 Shalini Ltd v A Labour Inspector [pdf, 185 KB]

   ...Hearing: 24 February 2020 (Heard at Auckland) Appearances: M Keall, counsel for plaintiff M Denyer, counsel for defendant Judgment: 24 June 2020 JUDGMENT OF JUDGE M E PERKINS [1] These proceedings relate to claims against Shalini Limited (Shalini) arising from breaches of the Minimum Wage Act 1983 and the Holidays Act 2003. At times material to the claims, Shalini operated three liquor stores and a dairy in Auckland. The claims came before t...

2. [2025] NZREADT 22 - ZD & NK v Liu & Zareian (18 June 2025) [pdf, 264 KB]

   ...the papers and set a timetable for submissions. [25] The Authority filed a paginated bundle of the documents before the Committee (5 December 2024). It also filed memoranda (19 December 2024 and 16 May 2025). [26] The purchasers filed their statement of claim (28 January 2025), with a paginated bundle of supporting documents, together with submissions (3 April 2025). A statement of defence (26 February 2025) was filed by the licensees, together with submissions (28 April 2025)...

3. Statement of claim template [doc, 25 KB]

   ...Plaintiff (note: if more than one plaintiff, list them separately as 2nd plaintiff, 3rd plaintiff etc) And [full name, place of residence, occupation] Defendant (note: if more than one defendant, list them separately as 2nd defendant, 3rd defendant etc) Statement of Claim Next event date: (if known) Judicial officer: [the judge or associate judge that the proceeding is assigned to] (if known) Filed by: [your name and address for service; it is also useful to include your phone number and em...

4. Statement of claim against a third party template [doc, 72 KB]

   ...(Note: If more than one defendant list them separately as 2nddefendant, 3rd defendant etc.) And [full name, place of residence, occupation] Third Party (Note: If more than one third party list them separately as 2nd third party, 3rd third party etc.) Statement of Claim against a Third Party Filed by: [Defendant’s name and address for service] The Named Defendant Claims: Background to Cause(s) of Action [Here specify the facts in chronological order that led to your cause/s of action]...

5. [2012] NZEmpC 139 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 59 KB]

   ...by the defendant (including those that are claimed as confidential). The plaintiff’s solicitors will agree not to show to the plaintiff’s representatives any of the documents subject to a claim of confidentiality by the defendant until such claims are resolved by the Court if required by either party. (d) Either party will retain the right to apply to the Court if there is any unresolved issue between them as to a claim of privilege or confidentiality. [8] During the search...

6. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

   ...several years employed by Smiths City (Southern) Ltd (in receivership). They both held senior positions in the company’s Northwood store where they ran the flooring department, and the floor installation staff, respectively. [2] Smiths City claimed that, while Mr Claxton and Mr Milne were employed by it, both of them were involved in establishing and operating competing businesses without permission from the company and to its detriment. [3] Mr Claxton and Mr Milne were alleg...

7. [2007] NZEmpC CC 4/07 Monaco Village Management Ltd v Benson [pdf, 18 KB]

   ...opportunity to take up her employment. The company was ordered to pay her lost wages of $7,248 and $5,000 compensation for distress to Ms Benson. Costs were reserved. [2] On 21 December 2005 the company filed a challenge to that determination. A statement of defence, cross-challenge, and third party claim was then filed on behalf of Ms Benson. [3] The statement of defence supports the Employment Relations Authority determination; the cross-challenge seeks an increas...

8. Baker v High Court (Costs) [2022] NZHRRT 4 [pdf, 696 KB]

   ...2021. [6] No application has been made for the decision on costs to be deferred pending the outcome of the plaintiff’s appeal. BACKGROUND [7] The background circumstances to these proceedings are set out in the strike-out decision. [8] The statement of claim was struck out on the grounds: [8.1] The claim against all defendants is statute barred by the Human Rights Act 1993 (HRA), ss 79(3) and 92B(7) which read together stipulate that no proceedings may be brought before the Trib...

9. [2021] NZEmpC 104 Oliver v Biggs [pdf, 216 KB]

   ...2000 (the Act) to sequester property of the defendant, fine him, or impose a term of imprisonment for up to three months. [6] I interpolate that these sanctions apply to a party who has breached a compliance order. [7] On 20 December 2019, a statement of defence was filed by counsel then acting for the defendant, in which it was pleaded that the defendant was not a person against whom the Court could exercise powers under s 140(6) of the Act. 2 Employment Court Regulations 2...

10. EM & TM v FW [2024] NZDT 575 (10 July 2024) [pdf, 196 KB]

    ...if the spa had been working. 23. When assessing other consequential losses from a misrepresentation, such losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. On that basis I award the $1,000.00 claimed for lawyers’ fees. When there was a problem with the purchase of the property it was reasonable for EM and TM to consult their lawyers and the sum claimed is similar to that FW incurred from her lawyers in responding to the issues rai...