Search Results

1. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

   ...LIMITED Defendant Hearing: 29 October 2007 (Heard at Christchurch) Court: Chief Judge G L Colgan Judge B S Travis Judge A A Couch Appearances: J A Wilton, Counsel for Plaintiff C H Toogood QC and David France, Counsel for Defendant Judgment: 8 November 2007 JUDGMENT OF THE FULL COURT [1] In June 2007, some of the staff employed by Air Nelson Ltd were on strike. During the strike, contractors engaged by Air Nelson Ltd and employees of Air New Zealand Ltd...

2. Form 19 Notice of Opposition [docx, 56 KB]

   ...Notice of Opposition Template (Form 19 of the District Court Rules 2014) About the Notice of Opposition [bookmark: Purpose]Use this template if you have been served with an interlocutory application, originating application, or application for summary judgment that you wish to oppose. When opposing an interlocutory application or originating application you must file, and serve on every other party a copy of, this notice within 10 working days after being served with the application (or, if...

3. [2011] NZEmpC 90 Prasad v Breakspeare Industries Ltd trading as Coastline Property Services [pdf, 9 KB]

   ...RAMESH PRASAD Plaintiff AND BREAKSPEARE INDUSTRIES LIMITED T/A COASTLINE PROPERTY SERVICES Defendant Hearing: 20 July 2011 (Heard at Hamilton) Counsel: David Hayes, counsel for plaintiff Erin Burke, counsel for defendant Judgment: 25 July 2011 CONSENT JUDGMENT OF JUDGE B S TRAVIS [1] I am pleased to record that the parties, after a part-hearing of this matter, were able to reach an agreement after some suggestions from the Court. [2] The terms o...

4. [2012] NZEmpC 41 Port of Tauranga Ltd v Rail and Maritime Transport Union Inc & Anor [pdf, 69 KB]

   ...Hearing: Following a hearing by telephone on 4 and 5 March 2012 (Heard at Auckland) Counsel: Andrew Caisley and David France, counsel for Ports of Tauranga Geoff Davenport, counsel for RMTU No appearance for the second and third defendants Judgment: 6 March 2012 REASONS FOR ORAL INTERLOCUTORY INJUNCTION OF JUDGE B S TRAVIS [1] On Sunday 4 March 2012, after a “Pickwickian” telephone conference call hearing, where the first defendant was represented by Mr Daven...

5. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Defendant Hearing: 28, 29 November 2019, and 28 April 2020 (heard at Wellington) Appearances: M Quigg and S Hawkins, for the plaintiff P Chemis and L Grey, for the defendant Judgment: 11 May 2020 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Mr Gibson-Smith has for some 16 years worked in a call centre now operated by the Ministry of Business, Innovation and Employment (MBIE), and prior...

6. [2014] NZEmpC 186 Phillips v Croft Pole Distributors Ltd [pdf, 55 KB]

   ...DISTRIBUTORS LIMITED Defendant Hearing: By plaintiff's memorandum filed on 15 August 2014 and affidavit filed on 26 September 2014 Appearances: G Bennett, advocate for plaintiff M Broadbelt, advocate for defendant Judgment: 26 September 2014 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] Donald Phillips’s challenge to the determination of the Employment Relations Authority on 18 September 2013 dismissing his claims, 1 was filed by his...

7. [2022] NZACC 36 - Soulsby v ACC (11 March 2022) [pdf, 156 KB]

   ...SECTION 149 OF THE ACT BETWEEN ANDRE SOULSBY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: Mr J Robinson, advocate for the appellant Ms F Becroft for the respondent Judgment: 11 March 2022 ____________________________________________________________________ RESERVED JUDGMENT AS TO COSTS OF JUDGE C J McGUIRE ____________________________________________________________________ [1] This is a judgme...

8. Form 16 Affidavit of Service [docx, 40 KB]

   ...the Affidavit of Service Template (Form 16 of the District Court Rules 2014) About the affidavit of service [bookmark: Purpose]The affidavit of service (Form 16), is used to prove service of documents. It must be filed when a party is applying for judgment by default. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked with red text. The red text explains what you need to put in. These ar...

9. [2017] NZEmpC 72 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 95 KB]

   ...BROADSPECTRUM (NEW ZEALAND) LIMITED (FORMERLY TRANSFIELD SERVICES (NEW ZEALAND) LIMITED Defendant Hearing: 6 June 2017 (Heard at Wellington) Appearances: T Cleary, counsel for plaintiff R Upton, counsel for defendant Judgment: 6 June 2017 JUDGMENT OF JUDGE K G SMITH [1] Jason Nathan is a registered lines mechanic employed by Broadspectrum (New Zealand) Limited (Broadspectrum). [2] Mr Nathan was dismissed by Broadspectrum in August 201...

10. [2010] NZEmpC 104 Coy v Commissioner of Police [pdf, 59 KB]

    ...place within the next few days or, at least, have not been able to be since the judgments were issued. [4] Mr Fairclough has identified the issues arising from the two judgments as follows. First, in my judgment issued on 8 July 2010, 1 I declined to allow the plaintiff’s husband, John Langbehn, to conduct her case as advocate assisting Mr Fairclough as counsel and, in particular, to undertake cross-examination of the defendant’s witnesses for the reasons set out in that jud...