Search Results

1. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...Employment Relations Act and, in particular, s 103A in 2004 and as amended in 2010, did affect the previous law about justifications for dismissal on grounds of redundancy but not to the fundamental extent of setting aside everything that the Court of Appeal propounded in GN Hale. [39] I record my complete agreement with the way the Chief Judge has explained the requirements of s 103A in a redundancy dismissal and note it is entirely in accord with the views expressed about tha...

2. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...been unable to do so. The plaintiff’s application extends also to costs in the Employment Relations Authority because, although it found in the Hereworth School Trust Board’s (the Board’s) favour, that determination 2 has been reversed on appeal by this Court. [2] The Authority ordered Mrs Fox to pay the Board $21,000 as a contribution towards the defendant’s costs of a three-day Authority investigation in September 1 Fox...

3. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...doors leading onto the deck, and Page | 11 membrane failure on the deck. DID MR WATSON BREACH HIS DUTY OF CARE TO MS LA GROUW? [25] In North Shore City Council v Body Corporate 188529 & Ors (Sunset Terraces),1 the Court of Appeal upheld Heath J‟s conclusion that councils, in issuing building consents, and designers, in preparing the plans, are entitled to assume that a reasonable builder would have access to, and rely on, the manufacturer‟s specifications,...

4. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...is what would restore the claimant to the position held before the tort was committed. [67] Diminution in value was the measure of loss applied by the High Court in Altimarloch in relation to the claim against the Council, the Court of Appeal saw no reason to depart from this approach11 and the Supreme 8 Cao v Auckland City Council HC Auckland, CIV-2010-404-7093, 18 May 2011. 9 Johnson v Auckland Council [2013] NZH...

5. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...will be shared if the proceedings fail. [144] The ratio was that when a non party promotes and funds proceedings by an insolvent company solely or substantially for its own benefit it should be liable for the costs if the claim or defence or appeal fails.[29] Page | 32 [145] It appears in this matter that the claimant did not have the funding to pursue the case even after the Calderbank offer. [146] This present case clearly falls into the category of a major s...

6. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 59 [pdf, 234 KB]

   ...directions conference will then be scheduled to make any necessary timetable orders. [95] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________...

7. ENV-2016-WLG-000058 Notice of Motion [pdf, 4.8 MB]

   ...Application; (ii) The technical nature of the Application and the resource consents required; (iii) Direct referral will enable the efficient determination of the issues; (iv) Will reduce the duplication of process as there is a real likelihood of appeals; (v) Direct referral is consistent with the purpose of the 2009 amendments to the RMA, intended to streamline resource consent processing and reduce costs, delays and uncertainties for all parties; (g) There is no prejudice to any...

8. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 130 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BUTTERBEE CHILDCARE LIMITED (ENV-2016-AKL-000182) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner JA Hodges Hearing: At Auckland on 7 and 15 August 2017 Appearances: Mr KRN Littlejohn for Butterbee Childcare Limited (Butterbee) Mr WM Bangma for Auckl...

9. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...(Worldwide Salvage and Towage) Ltd (The Sea Angel) [2007] EWCA Civ 547, [2007] 2 Lloyd’s Rep 517 at [111]. See Planet Kids, above n 4, at [8] and [60]–[62]. 13 The Sea Angel, above n 12, at [111]. [50] The New Zealand Court of Appeal confirmed in Karelrybflot AO v Udovenko that the doctrine of frustration is available in employment cases, but should not be easily invoked with respect to vulnerable employees: 14 … the doctrine of frustration is applicable to cont...

10. Family Court Rewrite Submission - Youth Law [pdf, 453 KB]

    ...to be undertaken into how the outcomes of the Family Court proceedings are communicated to the child. The Lawyer for the Child guidelines contain a requirement that lawyer for child must provide advice to the child about the outcome, the right to appeal and the merits of an appeal. However, there is no proposed means of how this is to be achieved.35 We believe that lawyer for child should speak to children at the end of the proceedings to advise them of the influence that their view had on...