From 3 June 2025 the Employment Court will start publishing its judgments from 24 hours after the delivery date, or the next business day, unless otherwise directed by a judge. Decisions of public interest may be published earlier, as directed by a judge.

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Search results for costs.

3029 items matching your search terms

  4. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [PDF, 178 KB]

    [2017] NZEmpC 23 Domingo v Suon (Judgment of Judge Christina Inglis, 7 March 2017) COMPLIANCE ORDER – defendant failed to comply with Authority’s compliance order – whether Employment Court has jurisdiction to impose a sanction under s 140(6) where enforcement may be sought in District Court – set-off claim prohibited by minimum code statutes – jurisdiction found – defendant fined $11,000 – part-payment of  $6,600 to plaintiff – plaintiff entitled to costs.
  5. DD Ltd & MH Ltd v EJ Ltd [2017] NZDT 1558 (6 March 2017) [PDF, 120 KB]

    Negligence / Damages / Applicant and Respondent involved in vehicle crash / Applicant claims costs to repair van / Respondent counter-claims costs to repair truck / Whether Respondent was negligent; whether Applicant was speeding or otherwise negligent; if yes to both questions, what is the appropriate apportionment of damages; if only one party negligent, what is measure of damages payable / Held: Respondent failed to take appropriate care in the circumstances which resulted in the collision / Held: Failure to see Applicant approaching was what caused the accident / Speed Applicant driving does not alter Respondent’s obligation to take care on the road / Held: no contributory neglience on part of Applicant / Counter claim dismissed / Claim allowed / Respondent to pay $4,092 to Applicant’s Insurer
  6. IJ v KL LCRO 190/2016 [PDF, 219 KB]

    Complaint / Committee found unsatisfactory conduct / lawyer’s trust account obligations / firm has no trust account / overpayment of fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 9.3 / rule 9.6 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008 regulation 9 / regulation 10 / final invoice / fees in advance / delayed refund / issues not part of complaints / HELD / obliged to hold client monies in trust account / failed to advise on costs contribution / no final invoice / no finding on trust account issue / Committee’s decision otherwise confirmed / section 211(1)(a)
  12. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [PDF, 130 KB]

    Guarantee / Consumer Guarantees Act 1993 / Applicant enrolled in course of study and paid fees to Respondent institution / Applicant withdrew from course 11 days after its commencement / Applicant claimed he could not understand lecturer and lecturer’s teaching style was poor / enrolment form provided for a refund of fees if withdrawal was within 8 days of course commencing or there were exceptional circumstances / Applicant claimed reason for withdrawing was exceptional and Respondent failed its guarantee as to service provided / Applicant claimed refund of fees / Held: no failure of guarantee / inadequate evidence to prove failure / Respondent provided service with reasonable care and skill and service was fit for purpose / circumstances not exceptional / claim dismissed
  13. [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs Ltd [PDF, 173 KB]

    [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment of Judge M E Perkins in respect of 1) Application for wasted costs order; 2) first amended application for further and better discovery in respect of electronic documents etc, 15 February 2017) APPLICATION FOR WASTED COSTS ORDER – APPLICATION FOR FURTHER AND BETTER DISCOVERY – prior hearing concerning outstanding applications adjourned due to amended statement of claim – wasted costs could have been avoided by informing opposing counsel and Court of amended pleadings – $10,000 wasted costs ordered against plaintiff –case law and factors relevant to further discovery considered – existence of further documents speculative – discovery process disproportionate to claim – plaintiff’s further discovery application declined – further particular discovery of certain documents ordered.
  14. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [PDF, 107 KB]

    Consumer Guarantees Act 1993 / Applicant purchased vehicle from Respondent which had serious engine issues & was uneconomic to repair / whether vehicle sold privately or ‘in trade’ / whether vehicle of acceptable quality & what, if any, remedies available / Held: Respondent sold several vehicles a year so ‘in trade’ / vehicle not of acceptable quality as not free from defects & reasonable consumer would not regard it as acceptable given price paid & statement it was in ‘mint condition’ / failure substantial so Applicant entitled to full refund as well as any foreseeable losses resulting from failure / Respondent ordered to pay Applicant $4839.88 & Applicant to make vehicle available for pick up within three weeks of amount being received / claim allowed
  25. [2016] NZEmpC 167 Labour Inspector v Tech 5 Recruitment Ltd [PDF, 250 KB]

    [2016] NZEmpC 167 A Labour Inspector of the Ministry of Business, Innovation and Employment v Tech 5 Recruitment (Judgment of the Full Court, 16 December, 2016) PREMIUMS – whether employment agreements contained premium clause – s 12A Wages Protection Act – the meaning of “premium” defined – trade-testing costs were premium – employment agreements containing obligations to pay are “seeking a premium” – challenge successful.

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