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  6. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [PDF, 306 KB]

    [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong (Judgment of Judge B A Corkill dated 15 December 2014) CONFLICT OF LAWS – Plaintiffs are pilots employed by Auckland-based subsidiary of Hong Kong-based airline – Employment agreements specify that the agreements  are to be governed by law of Hong Kong – Hong Kong law provides no protections against age discrimination– Agreements specify age of retirement at 55 – Plaintiffs to turn 55 next year – Plaintiffs to be dismissed – Declarations sought that proposed actions are discriminatory under New Zealand law – Plaintiffs “based” in New Zealand and would therefore otherwise be subject to the provisions of the Employment Relations Act (ERA) – ERA an overriding statute by virtue of s 238 which prohibits contracting out – Express choice of Hong Kong law displaced – Express choice of Hong Kong law also contrary to New Zealand public policy which places an importance upon anti-discrimination values – Age discrimination …
  7. [2014] NZEmpC 227 O’Hagan v Waitomo Adventures Ltd [PDF, 129 KB]

    O’Hagan v Waitomo Adventures Ltd [2014] NZEmpC 227 (Judgment of Judge Christina Inglis, 12 December 2014) STRIKE-OUT – SECURITY FOR COSTS – Application by plaintiff for setting aside of judgment on grounds of fraud – Defendant applies to strike-out proceedings – Questionable as to whether implied power to set aside displaced by Court’s statutory power of rehearing – Plaintiff’s application discloses no reasonably arguable cause of action – Proceedings struck-out – Were proceedings not struck-out Court would have made order for security for costs.
  10. [2014] NZEmpC 226 Lund South Ltd v Low [PDF, 99 KB]

    Lund South Ltd v Low [2014] NZEmpC 226 [Costs Judgment of Judge B A Corkill, 11 December 2014] COSTS – Defendant claims costs incurred of $39,740  – Dispute as to reasonableness of costs incurred – Case should have been presented by only one counsel – Appropriate for defendant to have been represented by partner – Assessment of $21,351 reasonable costs by plaintiff too punitive – Reasonable costs $30,000 in the circumstances – Defendant awarded $20,000 on two-thirds basis