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1. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

   ...1 [This decision is to be cited as Guo v PwC (Further Discovery) [2022] NZHRRT 6.] 2 INDEX INTRODUCTION [1] Legislative changes [7] BACKGROUND CIRCUMSTANCES [9] Discovery and the importance of relevance [14] Pleadings – the statement of claim [16] Pleadings – the statement of reply [18] THE APPLICATION FOR FURTHER DISCOVERY [20] The application [20] Ms Guo’s affidavit in support – “discovery incomplete” [21] THE NOTICE OF OPPOSITION BY PWC [26] Th...

2. Alloa v Ullapool LCRO 159/09 (22 June 2010) [pdf, 162 KB]

   ...subject of the Applicant’s complaint to the New Zealand Law Society. In this letter the Practitioner informed the Applicant that he could face potential liability as a party for the losses claimed by R. The Practitioner enclosed a draft amended statement of claim showing the Applicant and his company named as defendants and suggested he may want to take legal advice on this. The Practitioner continued, and with reference to the deck (paragraph 3 of the 21 October letter) he sta...

3. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

   ...found CI0301_CIV_DCDT_Order Page 2 of 6 after the demolition work was commenced. Mr N explained that the substantial increase in costs were because the asbestos had been mixed into all of the rubble due to the demolition work. 5. D Ltd claims that it should not be liable for the additional costs because QT Ltd completed the demolition before receiving the results of the DF report or before obtaining a copy of the RD test results. He claims that this is a breach of the Health &...

4. [2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [pdf, 168 KB]

   ...reasons I come to. [5] The reasons for the omission to file within time can be summarised as follows. In essence it was considered that a challenge could appropriately be pursued through a positive defence, which Mr Hadfield advanced in his statement of defence to the company’s statement of claim. The statement of defence was filed within the statutory timeframe for doing so. The positive defence sparked an objection by the company, and orders were sought that it be struck ou...

5. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...occurring contrary to the requirements of s 114 of the Employment Relations Act 2000 (the Act). [3] The Authority subsequently investigated Ms Shaw’s dismissal grievance and issued a determination on 7 December 2018.2 [4] On 4 January 2019, a statement of claim was filed in this Court, challenging the substantive determination of the Authority. A hearing de novo was sought. The statement of claim alleged there were two disadvantage grievances and a dismissal grievance. The f...

6. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...35 provides for damages where a party to a contract has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 7. The buyer claimed the seller told him orally that the car was in great condition, or words to similar effect. The seller denied making such a statement, but in any case, such a statement CI0301_CIV_DC...

7. [2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) [pdf, 171 KB]

   ...respect of compliance, penalty and cost orders which were sought by a Labour Inspector, Ms Eva Belley, and made by the Employment Relations Authority (the Authority) in a determination of 28 January 2015. 1 [2] Since Ms Mahamai did not file a statement of reply, and was not present at the investigation meeting, it is necessary to review the procedural background of this matter in some detail. [3] In doing so I shall refer to the findings of the Authority where relevant. I ob...

8. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...2016 behaviour is concerned, the defendants should have been aware, as responsible employers, of the new enforcement regimes introduced into the Act. The claims made by the Labour Inspector and the pleadings [12] The plaintiff filed an amended statement of claim in the proceedings filed directly with the Court. Separate remedies are sought against the three defendants respectively. The following remedies are sought against Prabh: a. that this Court exercise its powers under s...

9. [2012] NZCA 508 CA414/2012 Moodie v The Employment Court and Strachan [pdf, 147 KB]

   ...appeal plus usual disbursements. ____________________________________________________________________ REASONS OF THE COURT (Given by O’Regan P) Table of Contents Para No Introduction [1] Factual background [4] The statement of claim [8] Our approach [10] Judicial review of an Employment Court decision [11] Appeals [12] Judicial review [13] Jurisdiction to strike out [18] Grounds of review [26] Delay [29] Discrimination [34] Bias [37]...

10. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

    ...direction to provide a schedule showing his income from all sources and his outgoings including rent payments with supporting documents verifying the amounts and schedules for the period 1 April 2019 to 15 July 2019, the appellant provided bank statements from a BNZ account in his name and the name of another person with the same surname, and handwritten schedules he prepared of his income and outgoings for each month. He did not provide anything to verify that the cash payments wh...