Appellate judgments 2020

Supreme Court

[2020] NZSC 130 Rachelle v Air NZ [PDF, 40 KB] APPLICATION FOR LEAVE TO APPEAL – application was made out of time but leave to extend time granted – Employment Court decision was orthodox costs decision – no issue of law or exceptional circumstances – application dismissed.

[2020] NZSC 60 Underhill v Coca-Cola Amatil (NZ) Limited [PDF, 48 KB] APPLICATION FOR LEAVE TO APPEAL – Court of Appeal’s decision was not a matter of general or public importance – no error of law – application dismissed.

[2020] NZSC 14 TUV v Chief of New Zealand Defence Force [PDF, 144 KB] APPLICATION FOR LEAVE TO APPEAL – application granted.

 

Court of Appeal

[2020] NZCA 681 Kidd v Cowan [PDF, 215 KB] APPLICATION FOR LEAVE TO APPEAL – whether real estate gift should have counted to offset wages owed – deductions from wages can only be made with party agreement – equity and good conscience jurisdiction cannot cut across legislation – question of law not seriously arguable – application dismissed.

[2020] NZCA 516 Zhang v Telco Asset Management Limited [PDF, 154 KB] APPLICATION FOR RECALL – no grounds for recall – application dismissed.

[2020] NZCA 380 Zhang v Telco Asset Management Limited [PDF, 137 KB] COSTS – costs awarded.

[2020] NZCA 339 Hong v Chevron Traffic Services Limited [PDF, 198 KB] APPLICATION FOR LEAVE TO APPEAL – no error of law in Employment Court judgment – application dismissed.

[2020] NZCA 337 A Labour Inspector v Southern Taxis Limited And Ors [PDF, 154 KB] APPLICATION FOR LEAVE TO APPEAL – level of knowledge required to establish liability for a person “involved in a breach” – question of law of public importance - application granted.

[2020] NZCA 320 Lorigan v Infinity Automotive Limited [PDF, 142 KB] APPLICATION FOR LEAVE TO APPEAL – no question law identifies – application dismissed.

[2020] NZCA 267 Underhill v Coca-Cola Amatil (NZ) Limited [PDF, 148 KB] STRIKE OUT – appellants repeatedly missed deadlines without adequate excuse – appeal struck out.

[2020] NZCA 266 Georgina Rachelle v Air New Zealand Limited [PDF, 179 KB] APPLICATION FOR LEAVE TO APPEAL – no evidence of Employment Court hearing being unfair – application dismissed.

[2020] NZCA 246 Metropolitan Glass and Glazing Limited v Labour Inspector, Ministry of Business, Innovation and Employment [PDF, 154 KB] APPLICATION FOR LEAVE TO APPEAL – granted.

[2020] NZCA 239 Jean Lois Cowan v Idea Services [PDF, 235 KB] APPLICATION FOR LEAVE TO APPEAL – no important question of law – application dismissed.

[2020] NZCA 237 Sawyer v Employment Relations Authority and Ors [PDF, 193 KB] APPLICATION TO STRIKE OUT JUDICIAL REVIEW – judicial review is a collateral attack on Employment Court decision – judicial review falls outside limited scope of Court of Appeal jurisdiction – application granted – APPLICATION TO DEBAR SOLICITOR AND COUNSEL FROM ACTING – application declined.

[2020] NZCA 223 Zhang v Telco Asset Management Limited [PDF, 203 KB] APPLICATION FOR LEAVE TO APPEAL SUBSTANTIVE AND COSTS DECISIONS – applications were out of time but extension granted – no important question of law – applications dismissed.

[2020] NZCA 56 Lorigan v Infinity Automotive Limited [PDF, 151 KB] APPLICATION FOR EXTENSION OF TIME TO APPLY FOR LEAVE TO APPEAL – interests of justice require opportunity to be heard – application granted.

[2020] NZCA 12 TUV v Chief of New Zealand Defence Force [PDF, 378 KB] SETTLEMENT AGREEMENTS – MENTAL CAPACITY – whether s 149 prevents a challenge to a settlement agreement on the grounds of incapacity – “agreed terms of settlement” cannot be challenged but can only exist if there is a valid contract between the parties – Employment Court was correct in finding that mental incapacity may mean there is no valid contract – what is the correct test for setting aside agreement on the grounds of incapacity in the employment context – no sufficient reason to depart from the orthodox approach – Employment Court was correct to find that employer knowledge of mental incapacity is required – appeal dismissed.