Case List
Court of Appeal
New Zealand Trustee Services Ltd v A J McPherson & Associates Ltd [2008] NZCA 113 – appeal against a decision granting summary judgment
Sheehan v Watson [2010] NZCA 454, [2011] 1 NZLR 314, (2010) 13 NZPR 22 – Liability of persons responsible for damage when landlord is insured.
Splite v Accident Compensation Corporation [2016] NZAR 947 – Process for challenging a referral for vocational independence assessments pursuant to s110 of the Accident Compensation Act.
Ritchie v Accident Compensation Corporation [2016] NZCA 577 and [2015] NZHC 2305 – Successful defense of ACC’s decision to refer claimant for vocational independence assessments
Employment Court
Vice-Chancellor of Lincoln University v Stewart (2008) 8 NZELC 99,453, [2008] ERNZ 249, (2008) 5 NZELR 618 – Challenge to a decision ordering removal of proceedings from Employment Relations Authority
James & Wells Patent and Trademark Attorneys v Snoep [2009] ERNZ 284 – Injunction against patent attorney for breach of restraint of trade
Rooney Earthmoving Ltd v McTague (2009) 9 NZELC 93,353, [2009] ERNZ 240, (2009) 6 NZELR 774 – remedies for breach of restraint of trade
Kiwis Stat Ltd v Nichols [2010] NZEmpC 151 – Injunction against recruitment employee to uphold restraints of trade
Rooney Earthmoving Ltd v McTague [2012] NZEmpC 63, [2012] ERNZ 273, (2012) 9 NZELR 694 – Leading case on employee’s in-employment and post-employment duties. Also High Court proceedings addressing the role of Civil Courts in Employment Cases
High Court
Mainland Digital Marketing Limited v Willetts and Myers [2019] NZHC 1201 - Successful defence of application for interim injunction in franchise restraint of trade case
Alpine Energy Ltd v Human Rights Review Tribunal [2014] NZHC 2792, (2014) 12 NZELR 493 – Judicial Review of discovery order made by Human Rights Review Tribunal
EM v Accident Compensation Corporation [2015] NZHC 971, [2015] NZAR 909 – Application to strike out statement of claim
DB Breweries Ltd v McCann High Court, Nelson, 20/9/2011, CIV-2011-442-119 – proceedings to enforce a guarantee
Worksafe Prosecutions – District Court
Worksafe New Zealand v Les Mills Auckland Limited [2016] NZDC 23871 – Worksafe prosecution following fall from height
MBIE v Livestock Supplies Limited – June 2013, CRI 2013 017 000070 – Health and Safety prosecution for machinery injury
Maritime New Zealand v Pelco Holdings Limited and Sanford Holdings Limited – CRI 2012 070 005675, District Court Tauranga 22 January 2013 – Sentencing following degloving injury on fishing ship.
MBIE v Smart Environmental Limited – CRN 120 725 00263, DC, Te Awamutu, 12 March 2013 – sentencing following injury on refuse truck
MBIE v Bryn Wilson Boats - 11 October 2012 – Sentencing for breach of Health and Safety in Employment Act following fall from height in shipyard.
DOL v Caroline Bay Association Inc September 2011, CRI-2011-076-1168 – Sentencing of volunteer association after amusement ride accident
Regional Council Prosecutions – District Court
Hawkes Bay Regional Council v Beach Contractors Limited [2016] NZDC 22861 – Resource Management prosecution for industrial discharge of water
Otago Regional Council v Country Pastures Farm Ltd District Court, Dunedin, 28/6/2012, CRI-2011-005-521 – sentencing for silage leachate offences
Employment Relations Authority
Riddle v Hilton Haulage Limited Partnership [2019] NZERA 103 & 247 - successful defence of personal grievance for unjustified dismissal, and costs award in favour of employer
Labour Inspector v Cleantime Solutions Limited [2019] NZERA 146 - decision on penalties following Labour Inspector prosecution for minimum rights breaches
Luhrs v Whitehouse Builders Limited [2019] NZERA 15 - personal grievance for unjustified dismissal
Lim v NETcon Limited [2018] NZERA 1086 - defence of an employer's decision to terminate for frustration of contract
Hunt v Hilton Haulage Transport Ltd [2012] NZERA Christchurch 262 and [2013] NZERA Christchurch 44 – successful defence of a dismissal for serious misconduct and application for costs against employee
Solomon v Hokotehi Moriori Trust [2012] NZERA Wellington 124 Chatham Islands based Iwi Trust Board
Lidiard v New Zealand Fire Service Commission CA51/10 – Justification for dismissal where non-disclosure of medical condition
CH Commercial Cleaning Ltd v Brown 31/8/2009, CA140/09 – proceedings against business competitor for breach of restraint of trade
X v Y, 16/3/2009, CA29/09 - successful defence of a claim for unjustified dismissal
McVey v Atlas Securities Ltd, 20/6/2007, CA66/07 – Challenge to termination of fixed-term employment
Green v Rendezvous Hotels (NZ) Ltd, 6/8/2007, AA235/07 – Unjustified dismissal by way of redundancy – claim by four employees heard together
Human Rights Review Tribunal
Waters v Alpine Energy Limited [2015] NZHRRT 13 – Discovery Order
Weathertight Homes Resolution Service
Landon v Auckland Council [2011] NZWHT 70; proceedings against builders insurer taken by homeowner, [2012] NZWHT 12; Costs following joinder of insurer to proceedings
District Court and Fairway Resolution
Numerous appearances at Review and in the District Court for ACC including on issues of weekly compensation, treatment injury, surgery entitlements, cover, revocation, mental injury, work related gradual process injury, vocational independence.
