Appellate judgments 2014

Supreme Court

[2014] NZSC 158 SC103/2013 LSG Sky Chefs NZ Ltd v Pacific Flight Catering Ltd and Anor [PDF, 117 KB] JUDGMENT OF THE COURT, 5 November 2014. The appeal is dismissed. The appellant is to pay the respondent's costs of $25,000 and reasonable disbursements as fixed by the Registrar (media release).

Court of Appeal

[2014] NZCA 580 CA424/2012 New Zealand Cards Ltd v Ramsay [PDF, 348 KB] JUDGMENT OF THE COURT, 1 December 2014. Application for increased costs is declined. Costs for order made in the quantum of $7,612. [2014] NZCA 541 CA368/2013 Grace Team Accounting Ltd v Brake [PDF, 673 KB] JUDGMENT OF THE COURT, 11 November 2014. Question: Did the Employment Court apply the correct test under s 103A of the Employment Relations Act 2000 for justification of dismissal on the grounds of redundancy?  Yes. Did the Employment Court apply the correct principles when exercising its discretion to award remedies to the respondent? Yes. The appeal is dismissed. The appellant must pay the usual disbursements of the respondent and the reasonable travel and accommodation costs of the McKenzie Friend in relation to the appeal. No award of costs in relation to the application for leave to appeal.

[2014] NZCA 516 CA631/2013 Terranova Homes & Care v Service & Food Workers Union [PDF, 799 KB] JUDGMENT OF THE COURT, 28 October 2014. A question of law was submitted for determination: “Were the answers given by the Employment Court to the 1st and 6th questions at [118] of its decision [set out at [12] of this judgment] wrong in law?” No. The appeal is dismissed. The respondents are granted leave to file an application for costs within 10 working days of the date of this judgment in the event they disagree with the Court’s provisional view that there should be no award of costs.

[2014] NZCA 512 CA424/2012 New Zealand Cards Ltd v Ramsay [PDF, 57 KB] JUDGMENT OF THE COURT, 23 October 2014. The appeal was dismissed at the hearing. No appearance for the appellant.

[2014] NZCA 340 CA498/2013 Morgan v Whanganui College Board of Trustees [PDF, 123 KB] JUDGMENT OF THE COURT, 22 July 2014. The appeal is dismissed. Order for costs made.

[2014] NZCA 172 CA693/2013 Air NZ v Aviation & Marine Engineers Assn Inc [PDF, 38 KB] JUDGMENT OF THE COURT, 8 May 2014. The application for leave to appeal is dismissed. Costs for order made, with the respondents sharing the costs award equally unless they agree otherwise.

[2014] NZCA 16 CA400/2013 Commissioner of Police v Aarts & Ors [PDF, 94 KB] JUDGMENT OF THE COURT, 14 February 2014.The Commissioner’s application for leave to appeal is adjourned for oral argument on whether this Court has jurisdiction to hear the Commissioner’s appeal, or ought to exercise it, in the circumstances. If the jurisdiction question is answered in the Commissioner’s favour the Court proposes to grant leave to appeal on whether the Employment Court was correct in law to hold that the Employment Relations Authority may compel the Commissioner to produce evidential video interviews for use in proceedings brought under the Employment Relations Act 2000. Mr Aarts’ applications for leave to cross-appeal and to appeal the Employment Court costs judgment of 1 August 2013 are dismissed.

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