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1. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   1 PRINCIPAL FAMILY COURT JUDGE'S CHAMBERS 1 BACKGROUND 1.1 The terms of this practice note have been settled in consultation with the Ministry of Justice (Ministry) and the Family Law Section (FLS) of the New Zealand Law Society (Law Society). 2 CONTENTS 2.1 The practice note covers the following matters: (a) Legislative provisions for the separate representation of children (b) Process for appointment in any specific case (c) Review procedures u...

2. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

   ...Health Waikato Ltd v Elmsly, above n 22, at [35]. courts do not usually award costs on an issue-based basis, the failure of a successful party on a large scale could not properly be ignored;24 an award could be made where the interests of justice so require.25 [45] The final preliminary matter relates to the correct approach to evidence for the purposes of a costs challenge. Judge Couch discussed this topic in Metallic Sweeping (1998) Ltd v Ford, stating:26 [13] When cond...

3. LCRO 195/2018 KW v LQ (26 June 2020) [pdf, 182 KB]

   ...and 30 November your urgent actions are required. Please submit immediately an application for legal aid. The corrections 3 LQ, email to YT (25 September 2017). 4 staff can help you with this matter. Should you require our help with this matter please instruct us ASAP. [19] On 28 November 2017, LQ sent another email to KW, advising that his choice of barrister had agreed to “accept instructions on legal aid basis”, and on 29...

4. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

   ...the issue of jurisdiction, the filing of evidence in the claim was by then complete, and a fixture had been allocated for 14 May 2018. In these circumstances, the Co-Chairperson stated she was not persuaded that it was either in the interests of justice, or fair and reasonable to allow an amended, expanded claim to be brought. With regard to the adding of CityMed as a defendant, the Co-Chairperson noted that Ms Guo had clarified that Dr Culpan rather than CityMed was the proper de...

5. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

   [2013] NZACA 4 ACA 1/09 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s.107 of the Act BETWEEN ROBERT WOOD Appellant AND ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING: 14 February 2013 at Auckland APPEARANCES: M Darke advocate for appellant F...

6. [2021] NZEmpC 32 Lorigan v Infinity Automotive Ltd [pdf, 320 KB]

   ...[2021] NZEmpC 32 [19 March 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 32 EMPC 377/2015 EMPC 277/2016 EMPC 215/2017 EMPC 297/2017 IN THE MATTER OF challenges to determinations of the Employment Relations Authority AND IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for sanctions, stay of...

7. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   KATHERINE BENNETT v SEAN MICHAELS NZEmpC AUCKLAND [2016] NZEmpC 137 [28 October 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 137 EMPC 225/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KATHERINE BENNETT First Plaintiff AND FRANK VAN GEEMS Second Plaintiff AND SAMSURI ZAINOL Third Plaintiff AND SEAN MICHAELS First Defendant AND CORPORATE GROUP INTERN...

8. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...allowed Mr PH to give evidence that the invoice related to interest, knowing that evidence was false. [7] Mr CM says that the fact that the invoice was “actually issued for bad debts collection” became “a pivotal evidential point” in the matter, referring for support to the High Court’s judgment.1 [8] Mr CM says Mr RG ignored a request to produce the invoice made by his lawyers on 19 July 2010 pursuant to the High Court Rules. Mr CM says Mr RG had the invoice in his poss...

9. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...a third return was inconsistent with a rejection, this only arose as a result of an order of the Tribunal that did not recognise the rejection and was then set aside. Consequently, at the end of K’s use for the purposes of that first order, the justice of the matter requires the original right to reject to be recognised. 36. It should also be noted that in remedies under the FTA, which apply equally to this case, the Tribunal has the ability to declare a contract or any collateral...

10. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

    A LABOUR INSPECTOR v TASTE OF EGYPT LIMITED NZEmpC CHRISTCHURCH [2016] NZEmpC 31 [5 April 2016] IN THE EMPLOYMENT COURT CHRISTCHURCH [2016] NZEmpC 31 EMPC 74/2016 IN THE MATTER OF an application for freezing order BETWEEN A LABOUR INSPECTOR Applicant AND TASTE OF EGYPT LIMITED First Respondent AND SAEED AWAD Second Respondent AND DIANNE JOY MCFARLANE Third Respondent Hearing: By papers filed on 31 March and...