Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 123 Quality Consumables Ltd v Hannah (Costs Judgment of Judge M E Perkins, 10 October 2017) COSTS – defendant awarded $7,309 including GST.

Complaint / Committee declined to take further action on complaint / fee complaint / acting without instruction / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008 reg 29 / HELD / fees reasonable / Committee’s decision confirmed / section 211(1)(a)

Decision date: 5 October 2017. Privacy Act 1993.

[2017] NZEmpC 120 Judea Tavern Ltd v Jesson (Costs Judgment of Chief Judge Christina Inglis, 3 October 2017) COSTS – GST considered – a factor in determining whether uplift appropriate – reasonable costs in Authority can be determined by Court – costs of $8,625 on challenge, and $5,175 in Authority awarded against plaintiff.

[2017] NZEmpC 114 Quality Consumables Ltd v Hannah (Interlocutory Judgment of Judge M E Perkins, 26 September 2017) APPLICATION FOR STAY OF PROCEEDINGS – consideration of stay principles – stay of enforcement of determination granted on condition that plaintiff pay to defendant sum of $15,000 – balance of award to be paid to Registry pending further order of the Court – costs on application to be paid to defendant.

Complaint / Committee declined to take further action on complaint / applicant wants respondent to carry out instructions / respondent requires security for fees / HELD / respondent not instructed / applicant able to seek another lawyer / no power to force respondent to act / Committee’s decision confirmed / section 211(1)(a)

[2017] NZEmpC 112 Chevelle Motors Ltd v Cranswick  (Costs Judgment of Judge M E Perkins, 20 September 2017) COSTS – no costs memo received from plaintiff – reasonable expenses of Community Law Centre awarded - $1,200 costs against plaintiff to be paid to Community Law Centre.

Complaint / Committee declined to take further action on complaints / purchase of a property / complaint lawyer failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.10 / rule 9 / rule 9.6 / whether there was an estimate of fees / retainer prior to 1 August 2008 / HELD / lawyer encouraged to use interim accounts in the future / fees fair and reasonable  / estimate was not a quote / Committee’s decision confirmed / section 211(1)(a)

21.08.17 | Judge Armstrong, Judge Harvey, Judge Doogan | Te Ture Whenua Māori Act 1993, Section 79 | Costs

17.08.17 | Judge Armstrong | Te Ture Whenua Māori Act 1993, Section 19 | Costs

Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer failed to advise applicant properly / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no professional standards issues arise / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

[2017] NZEmpC 96 Nisha v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment (No 23) of Judge B A Corkill, 4 August 2017)DISCOVERY- JOINDER – STRIKE-OUT – seeking documents on costs, funding and authorisation to file affidavits – application dismissed with reasons – strike-out application – adjourned for further submissions – application for joinder – set for telephone hearing.