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1. Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No 2 (2017) 366 Aotea MB 263 (366 AOT 263) [pdf, 270 KB]

   ...Treadwell Gordon solicitors. 2 [2] At the conclusion of the final judgment I invited counsel for the applicant, Ms Allen, to file submissions as to costs within two weeks following which the respondents would have 14 days to respond. [3] Ms Allen filed submissions on 1 February 2017. Mr Parker, for the respondents, has not filed any further submissions. Ms Allen seeks the full amount of costs incurred totalling $5,862.30 including GST. Issue [4] The issue for determination...

2. JY v B Ltd [2023] NZDT 64 (17 July 2023) [pdf, 189 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside 20 working days if you have be...

3. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...memorandum from Mr McBride for the Corporation and an email from Ms Koloni for Ms Stewart. Submissions from the Corporation [3] Mr McBride submits that the appeals were not properly prosecuted for the following reasons: (a) The appeals were filed out of time (on 22 April 2022).1 (b) For the initial case management conference, the Corporation sought a joint memorandum. However, counsel for the Corporation was obliged to file a unilateral memorandum of counsel dated 6 July 2022...

4. [2024] NZEnvC 021 BRO Tonganui Limited v Auckland Council [pdf, 227 KB]

   ...concern, and in particular identifying what, if any, applications for consent have been made and by whom, and any other preliminary steps to meeting the requirements for the 26 April 2024 memorandum; (b) that a memorandum, preferably joint, is to be filed by 26 April 2024 advising the witnesses for each parties, the time required for hearing, the prospects of resolution and the steps to that resolution if necessary, and finally whether hearing time will be required in the week of 10...

5. NC v UD Ltd [2024] NZDT 829 (2 October 2024) [pdf, 189 KB]

   ...What was agreed between the parties? What were the terms of their contract? b. Who owns the shipping container and on what basis does each party claim ownership of the container? 4. The first hearing was adjourned to allow NC an opportunity to file any witness statements or other evidence to prove his ownership of the container, as he had not filed any evidence prior to the hearing on 7 August 2024. 5. At the hearing on 2 October 2024, the only evidence filed by NC was his handwritt...

6. [2023] NZEmpC 211 ELG v KLE [pdf, 185 KB]

   ...appearance by respondent Judgment: 23 November 2023 JUDGMENT OF JUDGE K G SMITH [1] ELG has applied urgently, and without notice, for a search order relating to its former employee, KLE. [2] The order sought relates to files containing significant confidential information and intellectual property belonging to ELG said to have been downloaded and removed by KLE shortly before his employment ended. A further claim is that KLE removed and has retained two c...

7. Practice Note applications under the protection of Personal and Property Rights Act [pdf, 109 KB]

   ...(Compulsory Care and Rehabilitation) Act 2003. 3 EVIDENCE 3.1 An application is to be supported by evidence. 3.2 Schedule 9 of the Family Courts Rules 2002 provides for the format of applications under the PPPR Act. 3.3 Affidavits are to be filed to support the applications. 3.4 The affidavit in support shall follow, as close as is practicable, the specimen affidavit form in the Schedules to this Practice Note. 3.5 The affidavit format is designed to cover most areas of evide...

8. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...Court by acting as a witness in proceedings in which he was counsel contrary to r 13.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008; and (b) had HL failed to maintain independence as required by r 13.5 when filing his memorandum of [Date]; and (c) had HL, in filing that memorandum, made a submission or expressed a view to the court on any material evidence in terms that appeared to convey his personal opinion on the merits of the evidence or...

9. [2022] NZEnvC 233 Wellington Regional Council v Crosbie [pdf, 489 KB]

   ...Angus Way); - all dated 17 March 2021. Evidence [8] The Council summarises the evidence in support of its enforcement order and interim enforcement order applications as follows:5 5 Evidence in support of 1st application 7. The Council has filed several affidavits in support of the 1st proceeding. Four were filed together with the original application for an enforcement 01·der, namely the affidavits of: (a) James Lury, Senior E11viro11111ental Prote.tio11 Officer, dated 6 A...

10. [2012] NZEmpC 116 Horton Media Ltd v Tither [pdf, 45 KB]

    ...116 ARC 44/12 IN THE MATTER OF an application for a freezing order and ancillary orders BETWEEN HORTON MEDIA LIMITED Applicant AND NORAH LAURENCE TITHER Respondent Hearing: 19 July 2012 (by telephone) and memoranda filed on 19 and 20 July 2012 Appearances: Stephen Langton, counsel for applicant Charlotte Parkhill, counsel for respondent Judgment: 20 July 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The applicant has applied urgently fo...