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2267 items matching your search terms

  1. [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS [PDF, 370 KB]

    [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS (Costs Judgment of Full Court, 6 March 2019) COSTS – defendant was legally aided – whether there were exceptional circumstances – delay was reasonable and explained – merits were not hopeless – no legal rights against advisors – no exceptional circumstances – whether there could be an order against counsel – no possible basis for such an order – whether an order could be made under s 45(5) of Legal Services Act – whether court should exercise discretion - case was a test case – costs should lie where they fall.

  2. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [PDF, 537 KB]

    [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc (Judgment of Judge K G Smith, 28 February 2019) FACILITATION – BREACH OF GOOD FAITH - FIXING – whether Authority correct to order fixing of terms of collective agreement -  consideration of grounds in s 50J – breach must be “sufficiently serious” and sustained to undermine bargaining – offer of further mediation not reasonable – fixing only effective remedy – challenge dismissed.

  3. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [PDF, 315 KB]

    [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer (Interlocutory Judgment of Judge B A Corkill, 27 February 2019) APPLICATION FOR EXTENSION OF TIME FOR PAYMENT INTO COURT – STRIKEOUT APPLICATION – payment to court not made through inadvertent error – paid late - wasted costs and disbursements paid to defendant – strikeout application for only part of the challenge – principles of strikeout and of abuse of process considered – application declined.

  4. [2019] NZEmpC 17 Morgan v Tranzit Coachlines Wairarapa Ltd [PDF, 202 KB]

    [2019] NZEmpC 17 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 18 February 2019) APPLICATION FOR LEAVE TO FILE A REPLY TO POSITIVE DEFENCES – plaintiff out of time to reply to positive defences – counsel unaware of time limitation – application is close to substantive hearing but will not take up additional time in the hearing – no potential prejudice – leave granted.