Search Results

1. [2014] NZEmpC 62 Casey v Sensi Merivale Limited [pdf, 107 KB]

   ...47. [3] The plaintiff seeks an order for indemnity (solicitor/client) costs incurred by her in the proceedings in both the Authority and in this Court. She acknowledges the constraints on awards of indemnity costs imposed by the Court of Appeal in Bradley v Westpac Banking Corporation. 3 The Court of Appeal said in that case that indemnity costs “are exceptional and require exceptionally bad behaviour” and proceeded to set out some non-exhaustive categories of circums...

2. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...liberal award may well be made in the discretion of the judge, but there is no invariable practice; and 2 Nicholls v Nicholls - Part Papaaroha 6B Block (2011) Mäori Appellate Court MB 64 (2011 APPEAL 64) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Part%20Papaaroha%206B%20Block.pdf http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-ap...

3. Smith v The Proprietors of Mangaroa and other blocks (2015) 113 Waiariki MB 1 (113 WAR 1) [pdf, 209 KB]

   ...Trust. 8 In that case the Māori Appellate Court agreed that it was useful for the Court to make a comparison with the High Court scale of costs in cases which are clearly analogous with High Court litigation. [29] I also refer to the Court of Appeal decision of Holdfast NZ Ltd v Selleys Pty Ltd. 9 At paragraph [41] of that decision Chambers J explained why a percentage of actual approach should not be sanctioned. I accept that the context of litigation in the Māori Land Court...

4. [2007] NZEmpC AC 62/07 Taylor & Anor v von Tunzelman [pdf, 31 KB]

   ...serious grounds. Even if I were to conclude, after receiving the Authority’s report under s181, that the plaintiffs have not conducted themselves in accordance with the statutory standards in that venue, this would not deny them the opportunity to appeal but would, rather, constrain the nature of the appeal that they might bring. [23] Although I am conscious of Mr von Tunzelman’s now bitter complaint about the delays that his proceedings have met to recover what he considers is...

5. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...arrangements they have entered into, that the relationship is a different one after it ended.8 [28] The intention of the parties points against a conclusion that the real nature of the relationship was employment. Control test [29] The Court of Appeal described the control test in Challenge Realty Ltd v Commissioner of Inland Revenue.9 The concept is the right of control over the putative employee which is generally recognised as a necessary and important condition of a contr...

6. Paora - Te Tii Waitangi A (Waitangi Marae) (2015) 94 Taitokerau MB 134 (94 TTK 134) [pdf, 306 KB]

   ...nomination of permanent trustees, and general and other business. In addition, I reduced the trustees following the resignations of Eruera Karena, Haki Rihari and Hohepa Waiomio. [19] Following the hearing on 24 January 2013 Merehora Taurua appealed the outcome of the hearing as it related to the forthcoming 27 April 2013 AGM. However, when the appeal hearing took place on 14 May 2013 10 Ms Taurua and her fellow interim trustees withdrew the appeal and it was dismissed by cons...

7. [2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board [pdf, 220 KB]

   ...impecunious litigant can embark on lengthy, and doomed, proceedings free from the spectre of a significant, or any, costs liability. … [23] Having made that comment the Court drew a contrast with policy considerations identified by the Court of Appeal in Victoria University of Wellington v Alton-Lee.19 The Court of Appeal said that litigation is expensive, time-consuming and distracting and the requirement that a losing party not only pays his or her costs but also makes a con...

8. RR v SU & TT LCRO 189/2013 (29 September 2015) [pdf, 90 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Issues [26] This Office has, and the Committee had, no jurisdicti...

9. BB v WT & Ors LCRO 55/2015 (9 October 2015) [pdf, 63 KB]

   ...for review. 1 Email BB to NZLS (7 January 2015). 3 • A Committee may elect to take no further action on a complaint, if there is, in the circumstances, an appropriate remedy or right of appeal. Application for Review [8] Mr BB filed his application to review the decision of the Standards Committee [City A] on 26 March 2015. He submits that: • His complaint about a paragraph (clause 16) in the Standards Committee [Ci...

10. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

    ...been filed,4 and Mr Wood has appropriately requested that his challenge be resolved on the papers. [6] Since the challenge was brought on a non de novo basis, I apply the following principles:5 a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its det...