Appellate judgments 2013

Supreme Court

[2013] NZSC 15 SC91/2012 New Zealand Post Ltd v Postal Workers Union of Aotearoa Inc [PDF, 58 KB] Application for leave to appeal is denied, 13 March 2013. Since the Employment Court and Court of Appeal judgments, s 9(3) of the Holidays Act 2003 was repealed and replaced with the new s 9A. As such, the Supreme Court held that the correct interpretation of s 9(1) in relation to s 9(3) was principally only of historical interest, and that the question of how s 9(1) interests with the new s 9A should only be determined if and when issues arise as to their application. The case therefore did not give rise to any question of public or general importance.

Court of Appeal

[2013] NZCA 582 CA247/2012 New Zealand Cards Ltd v Ramsay [PDF, 242 KB] The overall justice of the case and balance of convenience favours not granting a stay of execution, 25 November 2013. The application for a stay of execution is dismissed. [2013] NZCA 400 CA215/2013 Mayne v Nuplex Specialities NZ Ltd [PDF, 86 KB] Application for leave to appeal is denied, 27 August 2013. The question of law as formulated by the appellant - whether the Court erred by reaching factual findings that were mistaken and unsustainable on the evidence - is not a question of law or of general importance. The alleged factual errors by the Court related to matters resolved by the Judge on the basis of evidence given in Court, and the application of authorities in the case were done so in a straightforward manner.

[2013] NZCA 398 CA141/2013 Vulcan Steel Ltd v Wonnocott [PDF, 238 KB] Application for leave to appeal is denied, 27 August 2013. Despite some errors of fact, none are capable of reaching the threshold required in order for the judgment to be set aside. The question as to the relevancy of factors considered by the Chief Judge for determining implied consent is not of sufficient public importance to warrant granting leave, as the test to be applied in determining implied consent is ultimately one of fact and degree.

[2013] NZCA 272 CA522/2012 Secretary for Education v New Zealand Educational Institute Te Riu Roa Inc [PDF, 122 KB] Appeal is dismissed, 1 July 2013. The Secretary for Education, although not strictly an "employer", is capable of being named as sole respondent in proceedings under the Act relating to the interpretation and application of relevant collective agreements, without the need for joinder of a board of trustees. An "employment relationship problem" for the purposes of s 5 is not confined to disputes between parties to an employment relationship, but has a more expansive application, including to problems relating to or arising out of an employment relationship.

[2013] NZCA 174 CA24/2013 New Zealand Airline Pilots' Association Inc v Ritchie [PDF, 163 KB] Application for leave to appeal is denied, 23 May 2013. Although the interpretation of “received” under s 9(1)(a) of the Holidays Act 2003 may give rise to a question of law, it is not one of requisite general or public importance. The judgment by the Court was fact intensive and strongly shaped by the specific employment relations between the parties. Any answer to the question of the meaning of “received” would be unlikely to provide useful guidance to other salaried workers due to the varied nature of employment relationships which are likely to turn on its own set of facts.

[2013] NZCA 135 CA657/2012 Huang v Li [PDF, 80 KB] Unsuccessful application for judicial review, 7 May 2013. Pursuant to the Court of Appeal's earlier decision in Parker v Silver Fern Farms Ltd, the scope of the Court's review jurisdiction is limited to the ground of jurisdiction as enumerated in s 193 of the Act. The appellant's claims for errors of law, misdirection, bias, pre-determination, irrationality and failure to consider relevant evidence therefore fall outside of the scope of the Court's jurisdiction.

[2013] NZCA 108 CA149/2013 Snowdon v Radio New Zealand Ltd [PDF, 98 KB] Application for leave to appeal security for costs order denied, 16 April 2013. The security for costs order by the Court raised a question of fact, not of law, and therefore fell outside of the criteria for leave to appeal under s 214 of the Act. Even if a question of law could be distilled, it would not be one of general or public importance so as to justify the grant of leave to appeal.

[2013] NZCA 72 CA424/2012 New Zealand Cards Ltd v Ramsay [PDF, 135 KB] The application to review the decision of the Registrar declining to waive the setting down fee is dismissed, 21 March 2013.

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