Search Results

1. [2010] NZEmpC 23 Metallic Sweeping (1998) Ltd v Whitehead [pdf, 46 KB]

   ...statement of defence is that as a result of the fact that no submissions were filed within the 28-day period, he dispensed with the services of his then solicitors regarding the entire matter. He goes on to plead that he no longer had the financial resources to further retain his solicitors or any other professional adviser who could have filed submissions within time had the plaintiff also done so. [15] On the basis of PBO Ltd (formerly Rush Security Ltd) v Da Cruz1, the plaint...

2. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...fifth defendant has been added to that proceeding and in respect of which interlocutory issues will almost inevitably arise and need to be dealt with. Public interest [38] This is private litigation so except to the extent of duplication of court resources which is contrary to the public interest, this is not a particular factor in this case. Witnesses [39] Although it is likely that the same witnesses who would give evidence in the Employment Court will do so in the High Court,...

3. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

   ...occasionally have recourse, the principles underpinning the reluctance to do so except in special cases are similar. Here, however, the evidential threshold has been made out that is appropriate for joinder of a director/shareholder for resource sufficiency purposes. [30] The third ground advanced by Equity and Mr Andrews to support Mr Kidd’s joinder is that they have incurred very substantial costs which they say would not have been incurred but for the active directio...

4. [2008] NZEmpC Maritime Union of NZ Inc and ors v TLNZ Ltd and anor [pdf, 46 KB]

   ...employees and unions little option but to accept such employer policies if the alternative is to risk exposure to costs in addition to that of their own representation and over which they have no control. Mr Mitchell submits that even for well resourced unions, exposures to very substantial costs awards for lengthy hearings will mean that such unions and their members will be denied access in practice to the Court because the risk of a costs award will be prohibitive. Wh...

5. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...serious, but unsubstantiated allegations about Mr Hume's conduct towards its female staff. [6] Piefection Foods Limited did not constructively assist in resolving the employment relationship problem in a timely, economic and efficient way. Resources of Ian Hume and the Authority were wasted as a result of the conduct of the respondent noted in the appendix to this report. [6] Having regard to the report and the comments made by the parties on it, I am satisfied that the...

6. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Respondents wished to be heard by the Tribunal or would be content to have the application dealt with on the papers, the Respondents sent the following email: “Please deal with on papers; what choice do we have; pretty difficult to argue with the legal resources they have. Thanks …” Applicant’s Reply [18] In reply, the Applicant emphasised that the Respondents had been found to be uploading copyright material via uTorrent in each of the three alleged infringements. 4...

7. Fenwick - Whakapoungakau 24 (2011) 45 Waiariki MB 252 (45 WAR 252) [pdf, 137 KB]

   ...regardless of the outcome of the present proceedings, the owners represented by Mr Kīngi were continuing with their appeal in the Court of Appeal to have all of the trustees removed. As foreshadowed, it may be sensible, taking into account the resources of the trust and the significant calls that have already been made on the Special Aid fund, to defer any further meeting of owners until the appeal is determined. Decision [42] George Habib is appointed a responsible trustee by way...

8. Galilee - Maungakawakawa Roadway (2011) 33 Taitokerau MB 64 (33 TTK 64) [pdf, 139 KB]

   ...Hyland had formed part of the roadway in an area that was highly sensitive ecologically. That is, he was concerned about activities that had an impact on the environment. In my view, Mr Galilee‟s concern is a matter that is addressed by the Resource Management Act 1991 (“1991 Act”) and not the 1993 Act. The question of what the owners and users of the roadway are entitled to do by way of construction and maintenance works will be

9. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...and seeks a dispensation from the requirement for certification under sub-rr (2) and (3). He submits that because Mr Saomai is not represented by a solicitor (but, rather, by a lay advocate) and because the applicant does not have the financial resources or other ability to engage a lawyer, an exemption should be granted. Legal aid (and particularly an emergency grant) may be available to an applicant, but I will not speculate on that as it has not been referred to on the papers f...

10. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

    ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather http://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I5b8b680ee02c11e08eefa443f89988a0&&src=rl&hitg...