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1. [2015] NZEmpC 218 Corporate Energy Ltd (in liq) (formerly known as Corporate Energy Ltd t/a Caltex Glenbrook) v Singh [pdf, 78 KB]

   ...scale which this Court intends to adopt as a pilot commencing in the New Year. Until that pilot commences, the Court will continue to follow the normal principles applying in costs which have now been established in a number of Court of Appeal decisions. 2 Principles which can be elicited from those decisions are that costs will follow the event and that costs will normally be two-thirds of actual and reasonable costs. The Court retains its discretion and, depending upo...

2. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...same time, on 11 September 2014, was a memorandum from the defendant’s solicitors which included a request couched in these terms: 5. … the Defendant seeks guidance from the Court as to whether it sees the limited nature of the Plaintiff’s appeal as restricting the Court’s ability to consider the full application of sections 67A and 67B to clause 6 of the Individual Employment Agreement (“IEA”), i.e. restricting the Court to considering only the issue of notice. 6. If...

3. CAC10063 v Picknell [2013] NZREADT 41 [pdf, 57 KB]

   ...make the following orders: [a] An order suspending the licence of Ms Picknell for a period of nine months under s.110(2)(c); [b] An order that Ms Picknell pay a fine of $1,000. [24] The Tribunal draw the parties’ attention the right of appeal to the High Court contained in s.116 Real Estate Agents Act. DATED at AUCKLAND this 16th day of May 2013 ______________________________ Ms K Davenport Chairperson ______________________________ Mr G Denley Member...

4. [2014] NZEmpC 9 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 30 KB]

   ...Health Ltd2 [10] A further factor I take into account is that, although Mr Moore filed reasonably lengthy written submissions, they contained little analysis of the minimum wage issues which were the only significant issues of law. the Court of Appeal said that it was “too absolute” to say that costs must never be disproportionate to the money value of the judgment obtained but went on to say that “costs payable by a defendant should not lightly be fixed at a level which is...

5. KL v City Standards Committee of the New Zealand Law Society LCRO 026/2014 (6 August 2014) [pdf, 31 KB]

   ...statutory committee established pursuant to s 126 of the Act. Although the Committee is not a court, similar principles apply to the consideration of costs because the Committee makes binding determinations under statutory authority. The Court of Appeal in Coroners Court v Newton considered an application for costs against a Coroner acting in statutory authority, and said:5 In this subject area it is important to keep first principle squarely in mind. Costs will only be awarded (...

6. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 22 [pdf, 115 KB]

   ...attending the hearing. [13] I am satisfied that all these costs were costs that were incurred primarily as a result of Mr Allen’s bad faith or the way Mr Allen managed his defence. In Bradbury v Westpac Banking Corporation4 the Court of Appeal identified that indemnity costs may be awarded where that party has behaved either badly or very unreasonably. [14] Given the circumstances surrounding the claim for costs I accept that it is appropriate to award the actual cos...

7. LCRO 263/2015 DH v EI costs [pdf, 94 KB]

   ...functions in the public interest because of concerns about cost orders. He submitted the same principle ought to be applied to costs awarded by this Office. [10] In support of this submission, Mr GK referred to the judgment of the UK Court of Appeal in Baxendale-Walker v The Law Society which,4 he advises, has been referred to by the Lawyers and Conveyancers Disciplinary Tribunal “on a number of occasions, including New Zealand Law Society v Hall”.5 [11] He included the fol...

8. BORA Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill [pdf, 368 KB]

   ...decision in Ministry of Health v Atkinson HC Auckland CIV-20101-404-287, 17 December 2010 the Court did not accept that discriminatory impact of this kind was required to establish a prima facie breach of s 19. The Crown has been granted leave to appeal the decision. The Supreme Court of Canada in Withler v Canada (Attorney-General) (2011) SCC 12 has recently reaffirmed that discrimination only arises where, taking account of the full context the actual impact of the measure, there is...

9. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...we consider the provisions in the Bill to be consistent with the requirements of s 25(a) NZBORA on the following grounds: 7.1 Justices in performing "judicial functions" have a very limited jurisdiction, and most decisions are subject to appeal or review by Judges operating in a judicial process with its own systemic guarantees of "independence and impartiality". 7.2 New sections 5(2) and 5D(1) exclude any person who is a Justice by virtue of being a District Court J...

10. Committee of Management of Waipiro A13 Incorporation - Waipiro A13 Incorporation (2008) 182 Gisborne MB 1 (182 GIS 1) [pdf, 1.1 MB]

    ...Without the assistance of legal counsel it is highly likely that the Incorporation would not be able to prosecute this case. 182 Gisborne MB 4 Civil Legal Aid [1] Is assistance through the LSA available to the Incorporation? The COUlt of Appeal upheld the decision of the High COUlt in Edwards v Legal Services Agency [2003]1 NZLR 145. In tltis case Mr Edwards and Te Riinanga 0 Muriwhenua, and Te Hau and Te Whiinau o Rongomaiwahine Tl1Ist Incorporated, sought to challenge the de...