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1. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...over two weeks beginning on Monday, 15 March 2021. [2] This judgment deals with two urgent applications by the defendants made at a very late stage. As will be apparent shortly, the timing of them may be because of the recent disclosure of information by the plaintiff. [3] The first application to be dealt with is for a stay of proceedings for an alleged abuse of process. The second one is for security for costs. Chronologically, the application for security for costs was fir...

2. DT & Ors v MU [2025] NZDT 24 (17 January 2025) [pdf, 182 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [the horse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [the horse] appears to have had a latent condition that only became evident after the sale. The ve...

3. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...2011, the NZPPTA wrote to the Ministry requesting a meeting of the Issues Committee about several issues concerning the calculation of salaries of overseas-trained teachers. 24.2. The result of the meeting was that the Secretary for Education requested that Ms Borrell and an advocate from the NZPPTA meet to attempt to resolve the issues of disagreement that led to the meeting. 24.3. Ms Borrell’s 15 July 2011 email set out a proposal for a way forward regarding these issues....

4. Employment Court Practice Directions [pdf, 492 KB]

   ...of documents). Back to front 3 | P a g e 2. Applications to and communications with the Court 1) If a party or a party’s representative applies to the Court for an interlocutory order or other direction, an application in proper form, accompanied by a memorandum and/or supporting affidavit, should be made unless there are extraordinary circumstances (such as extreme urgency) which preclude compliance with this direction. In such cases the Court will accept a less fo...

5. Rossi v Chief Executive of the Ministry of Business, Innovation and Employment (Strike-Out Application) [2016] NZHRRT 18 [pdf, 103 KB]

   ...bail by living with his girlfriend and was remanded in custody pending the trial. Mr Rossi claims he had no ability to preserve his immigration status while in prison. He also says he was advised by Immigration New Zealand (INZ) that he could only request visa waiver from the Minister under s 61 of the Immigration Act 2009. The Minister declined to consider that request. [2] Mr Rossi was found guilty on one charge of assault and was sentenced to a term of imprisonment for a period of eig...

6. Baker v High Court (Strike-Out Application) [2021] NZHRRT 56 [pdf, 543 KB]

   ...could lead to the identification of the plaintiff in these proceedings is prohibited. [34.2] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiff and the defendants are to be notified of any request to search the file and given opportunity to be heard on that application. [34.3] Leave is reserved to all parties to make further application should the need arise. ............................................ Mr RPG Haines...

7. BB v TS Ltd [2024] NZDT 828 (15 October 2024) [pdf, 196 KB]

   ...surface, the rot is under the ground. BB considered that subsequent builders were easily able to find the rot, however, they had the advantage of being able to remove the cladding and removed the sand to expose the pile. TS Ltd was not engaged to perform that service, but rather was to provide an opinion only on what it could see. I find that TS Ltd provided what it agreed to and provided no opinion of the condition of the piles below the ground level. I am therefore satisfied that TS...

8. TM v D Ltd [2024] NZDT 494 (3 July 2024) [pdf, 202 KB]

   ...D Ltd had done. He said that therefore D Ltd had removed signs that it had not supplied. 12. However, there is no evidence to support TM’s claim that he rejected the signs for being the wrong colour of blue and D Ltd said it had never been informed of this concern prior to the hearing at the Disputes Tribunal. 13. The written evidence supplied by D Ltd supports this interpretation as there are a number of messages from TM suggesting he would pay for the work, including an email...

9. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...standard ratios). [49] Similar calculations based on the same ratio were used by Mr Wyatt in advancing his complaints about his salary in a lengthy and detailed memorandum to Simpson Grierson dated 15 May 2002. [50] Mr Wyatt subsequently made requests to Simpson Grierson under the Privacy Act 1993 for disclosure of all personal information the firm held about him. He said that one of the documents he received in or about February 2003 showed the salary of one of his former collea...

10. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

    ...charged for, on our account. 19 These questions need to be resolved and also bring into question the Invoicing practices and accountability of the expert witnesses used in our case. [83] I see nothing unreasonable about the applicants’ requests for clarification from the respondent. The invoices themselves were accompanied by no explanation whatsoever of the basis of fee calculation. The invoice information sheets subsequently provided were arithmetical gobbledegook, uni...