Search Results

1. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...“require” a reduction in the remedies that would otherwise have been awarded. [54] The primary considerations when determining whether a particular action should result in a reduction for contribution are causation and proportionality. The Court of Appeal has explained s 124 as operating like a contributory negligence provision and that “… if the employee, by his or her own behaviour, is partly the cause of the employer’s hasty or ill-judged action (here, in dismissing th...

2. [2024] NZEmpC 222  Courage & Ors v The Attorney-General & Ors   [pdf, 264 KB]

   ...place. That leads to difficulties, which I have already alluded to. 5 Employment Relations Act 2000, ss 3(1)(ii) and 189. 6 See E Tū Inc v Rasier Operations BV [2022] NZEmpC 192, [2022] ERNZ 966 at [83]-[90]. Upheld by the Court of Appeal: Rasier Operations BV v E Tū Inc [2024] NZCA 403. 7 Pilgrim (No 2), above n 2, at [41]. 8 At [53]. Where did the plaintiffs undertake their work? [12] The plaintiffs undertook work within the Gloriavale Community’s structur...

3. [2024] NZEmpC 227 The Vice Chancellor of Lincoln University v Cheng [pdf, 237 KB]

   ...(a) whether there is a serious question to be tried in relation to the claim of unjustified dismissal; and, if so, (b) whether there is a serious question to be tried in relation to the claim of permanent reinstatement. [8] As the Court of Appeal made clear in Brooks Homes Ltd, a serious question to be tried is one that is not vexatious and frivolous.7 Once that (relatively low) threshold is overcome, the merits of the case (insofar as they can be ascertained at an interim st...

4. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

   ...defendant’s costs if the plaintiff’s proceedings do not succeed. [31] Then, the Court must have regard to the overall justice of the case and the respective interests of both parties. The balancing exercise was summarised by the Court of Appeal in McLachlan v MEL Network Ltd as follows:22 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for su...

5. 2023-05-22-Form-33-Prouse-Trust-K-S-Prouse.pdf [pdf, 429 KB]

   ...and • a person who made a submission about the subject matter of the proceedings. We are not a trade competitor for the purposes of section 308C of the Resource Management Act 1991. We are directly affected by an effect of the subject of the appeal that- • (a) adversely affects the environment; and • (b) does not relate to trade competition or the effects of trade competition. We are interested in those parts of the Notice of Requirement proceeding that introduce environmenta...

6. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

   ...in Australia or his removal from Australia. He was subsequently issued with a work visa, having again failed to declare his criminal history. When Immigration New Zealand (Immigration NZ) found out, he was issued with a deportation order. An appeal to the Immigration and Protection Tribunal failed.1 He left New Zealand in 2015. [6] On 1 June 2021, the complainant and the client, together with Ms Murthy, signed the immigration company’s service contract. Ms Murthy agreed to se...

7. Hastie and Dredge TRI 2023-100-001 Procedural Order 6 [pdf, 232 KB]

   ...break the chain of causation. It is submitted that had the original work not been defective, the repairs would not have been undertaken and additional losses would not have been incurred. The claimants rely on Johnson v Watson, where the Court of Appeal held that it is enough to establish that the original work remained a substantial and material cause of the damage.20 [43] The claimants submit that all parties have been prejudiced by the loss of documentation caused by the eart...

8. Broad v Samson - Otarihau 2B1C (2018) 169 Taitokerau MB 138 (169 TTK 138) [pdf, 391 KB]

   ...Group Ltd (in receivership and liquidation) v MacIntosh [1998] NZLR 171. 27 Commonwealth Reserves I v Chodar [2001] 2 NZLR 374 at [42]. 28 Morrison v Trustees of the Trevor and Dinah Maxwell Whanau Trust [2013] Māori Appellate Court MB 189 (2013 APPEAL 189) at [21]. 29 B248739.1 Transfer Instrument. 169 Taitokerau MB 148 the natural love and affection I bear towards my brother Samuel Patrick Samson do hereby transfer to the said Samuel Patrick Samson all my estate and inter...

9. Mark McNeilly (dated 21 April 2017) [pdf, 3.8 MB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF MARK ANDREW McNEILLY _____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solic...

10. LCRO 341/2013 QE v ML (nee BM) [pdf, 262 KB]

    ...2 Above n 1. 3 Dorbu v the Lawyers and Conveyancers Disciplinary Tribunal HC Auckland CIV-2009-404- 7381, 11 May 2011 at [17]. 4 At [20]. 5 [18] Those comments were noted with approval by the Court of Appeal in Deliu v National Standards Committee of the New Zealand Law Society where the Court said:5 It is of course well-established that the Tribunal is not entitled to determine that facts in issue are proved by accepting without inquiry the