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1. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

   ...[3] In the first proceeding (EMPC 152/2015) the Union and its members employed at (now) three North Island meat plants allege that AFFCO’s actions in insisting upon employing those employees on the company’s own and largely non- negotiable form of individual agreement is unlawful in a number of respects. In June 2015 when that proceeding was first issued, those plaintiffs also sought an interlocutory injunction restraining AFFCO from unlawfully locking out those employees. For...

2. [2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd [pdf, 196 KB]

   ...generally.5 [12] The period of delay in filing the statement of defence was between 31 March and 8 April 2025. That is a period of seven days, which cannot be categorised as a minimal delay. However, the period of delay needs to be considered with the request to consent to the late filing of the statement of defence on 2 April 2025. [13] The affidavit evidence supports the claim that the delay was due to error or inadvertence rather than to a deliberate decision not to file a de...

3. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...and (d) there was media interest driven by Ms XC’s need for publicity. [18] Ms WL also submitted that Ms XC’s conduct breached r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 4 [19] Forming part of Ms WL’s complaint was a memorandum prepared by M partnership’s counsel Mr BB, in support of the partnership’s application for costs against Ms XC. Ms WL submitted that the memorandum clearly identifies Ms XC’s “mis...

4. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...to and annexed the letter of 2 April 2009 containing the without prejudice offer of settlement. The letter otherwise outlined attempts to settle the matter between counsel for the parties before mediation. Counsel for the plaintiffs requested promptly that the without prejudice communications be removed. Counsel threatened that if they were not removed costs would be sought and an application would be made to the Authority to exclude such evidence. This proposal was re...

5. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...agreement with the plaintiff. [8] In its statement of defence the defendant describes its genuine reasons, based on reasonable grounds for not concluding a collective agreement, as consisting of “philosophical differences about the Plaintiff’s claims”. The plaintiff did not require greater particularisation of this bald assertion, so that the particulars of it were disclosed first at the hearing. [9] In the course of the hearing Jacks defined its “genuine reasons ba...

6. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...

7. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

8. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

9. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...Waihao 903 Section IX (“Section IX”) as trustee. The respondents say he did while the appellant and other descendants of Henare Te Maire say he did not. [2] By orders dated 10 June 1887 the Native Land Court vested ten sections comprising the former Waihao 903 block in various individuals. Sections I to VIII were vested in groups of owners. Sections IX and X were vested in Henare Te Maire solely. [3] Section IX is 1 acre 3 roods in area. From at least the 1930s the land was...

10. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

    ...which the High Court found that similar clauses gave rise to prejudice against the plaintiffs. In Cain Paulsen AJ found that there was an abuse of process because the funding agreement gave the funder excessive control over the litigation.3 1 Formerly Risk Worldwide. 2 Cain v Mettrick [2020] NZHC 2125 at [60]. 3 Cain v Mettrick [2020] NZHC 2125 at [63]. [4] Mr El Sawaf for LS filed a response memorandum dated 14 January 2020. Cain v Mettrick is distinguished due to differ...