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  1. [2013] NZEmpC 45 Alim v LSG Sky Chefs NZ Ltd [pdf, 71 KB]

    ...for the defendant, filed a memorandum advising that the parties were unable to agree on costs and seeking a contribution towards its costs on the application in the sum of $500. [5] Ms Douglas’s memorandum refers to the three leading Court of Appeal cases Victoria University of Wellington v Alton-Lee, 2 Binnie v Pacific Health Ltd, 3 and Health Waikato Ltd v Elmsly. 4 She submitted that costs may be awarded in cases where a notice of discontinuance is filed prior to a subst...

  2. [2015] NZEmpC 51 Tan Pacific Ltd t/a BB’S Café plus Cubs v Zhang [pdf, 78 KB]

    ...application. [10] Clause 19(1) of sch 3 of the Employment Relations Act 2000 confers a broad discretion on the Court as to costs. The principles generally followed by the Court in awarding costs are confirmed in three decisions of the Court of Appeal: Victoria University of Wellington v Alton-Lee, 2 Binnie v Pacific Health Ltd, 3 and Health Waikato Ltd v Elmsly. 4 [11] An award of costs usually follows the event and, as a rule of thumb, the Court adopts as a starting point...

  3. Brown v Brown - Motatau 1B2D2 (2005) 103 Whangārei MB 161 (103 WH 161) [pdf, 621 KB]

    ...must act by majority and in this case the majority of trustees clearly want Mr Tutaki Brown to vacate the block and this is simply because they wish to comply with the reason the reservation was set up which was to develop a macae. [16] In re an appeal by Dan Nevi lle Joe and Tataraakina C Trust, the Appellate Court stated : "It is not for this or any other Court to interfere with the careful exercise of trustee's powers unless it can be conclusively demonstrated with evi...

  4. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 57 READT 065/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RODERICK ROBINSON of Pukekohe, Auckland, Real Estate Salesperson Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20006) First Respondent AND DR YVONNE WAGNER of Auckland, Complainant Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger -...

  5. CO v DSI [2011] NZIACDT 12 (4 April 2011) [pdf, 69 KB]

    ...statute creating a scheme where the Tribunal’s work is subject to secrecy. For a professional disciplinary body in contemporary New Zealand to operate without its decisions being available would be a truly exceptional situation. [9] The Court of Appeal in R v Liddell [1995] 1 NZLR 538, 546 per Cooke P said in relation to the question of name suppression: “The starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings and the right of...

  6. [2013] NZEmpC 103 Language Centres v Page [pdf, 64 KB]

    ...behalf of Mr Page subsequent to the substantive hearing. Whilst accepting that it was not exactly on point, he cited TNT Worldwide Express (New Zealand) Ltd v Cunningham 7 where costs were awarded against the successful appellant when it won an appeal to introduce further evidence because it had obtained an indulgence from the Court. [8] Mr Kilpatrick relied on three ‘without prejudice save as to costs’ offers made on 20 July 2011 and 1 and 12 March 2013. He observed that th...

  7. LCRO 173/2022 JV v QR (6 May 2024) [pdf, 183 KB]

    ...2006 (the Act). Section 138(1)(b) enables a Committee to take no further action if “the subject matter of the complaint is trivial”. Section 138(1)(f) enables it to do so if “there is in all the circumstances an adequate remedy or right of appeal, … that it would be reasonable for the person aggrieved to exercise”. Application for review [21] In his application for review dated 4 November 2022, the applicant: (a) clarified that it was not his view that MV did not have me...

  8. [2017] NZEmpC 57 McPherson v Carter Holt Harvey [pdf, 81 KB]

    ...will cause to the opposing party must be considered and weighed against any prejudice the applicant will suffer if leave is declined. Ultimately the application must be assessed having regard to the overall interests of justice. As the Court of Appeal has stated in Shanton Apparel Ltd v Thornton Hall Manufacturing Ltd: 2 The parties should have every opportunity to ensure that the real controversy goes to trial so as to secure the just determination of the proceeding. [6] The...

  9. [2024] NZREADT 20 CAC2108 v Leading Edge Properties Ltd (25 June 2024) [pdf, 237 KB]

    ...Ltd, above n 6. 11 DISCUSSION [52] Both counsel have referred to other penalty decisions, being Burnett, Optimize Realty, AJS Rental Realty and the recent decision of the Tribunal, City Realty.11 [53] In Burnett, the Tribunal considered an appeal against a fine of $2,000, ordered by a Complaints Assessment Committee against Mr Burnett’s company, following the Committee’s finding of unsatisfactory conduct. Mr Burnett’s company had failed to provide monthly reconciliati...

  10. Alchin and Scott TRI-2020-100-001 Procedural Order 9 [pdf, 102 KB]

    ...this third ground, saying:6 While the third category is not defined with particularity in the judgments, it is quite clear that the discretion to recall must be exercised with circumspection, and it must not in any way be seen as a substitute for appeal. In particular there are some things that it can be said the power to recall does not extend to. It does not extend to a challenge of any substantive findings of fact and law in the judgment. It does not extend to a party recasting ar...