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...ARC 102/13 IN THE MATTER OF of a dispute regarding non-payment of non-parties retrieval and storage costs BETWEEN JOHN MATSUOKA Plaintiff AND LSG SKY CHEFS NEW ZEALAND LTD Defendant Hearing: On the papers filed on 7, 19, 20 and 27 April 2017 Appearances: M O'Brien, counsel for plaintiff G Pollak, counsel for defendant and non-parties Judgment: 28 April 2017 INTERLOCUTORY JUDGMENT OF JUDGE M E PERKINS IN RE...
...THE MATTER of an application for costs BETWEEN HEATHER TAIT Plaintiff AND RICHARDENE (RICHIE) ROBIN AND ALLAN SHERSON T/A SILVER BIRCH HOLIDAY PARK & MOTEL Defendants Hearing: By memoranda of plaintiff filed on 3 October, and defendants filed on 7 October 2016 Appearances: W Reid, advocate for plaintiff S-J Davies, counsel for defendants Judgment: 2 November 2016 COSTS JUDGMENT OF JUDGE M E PERKINS [1] These...
...Court DISPUTES TRIBUNAL Completing this form • Print clearly in CAPITALS • Use a black pen or blue pen to complete this form • Answer every question on the form unless the instructions tell you otherwise Payment information The fee for filing an appeal is $260. You can pay the fee in person when you are handing your application in over the counter. Other costs can be incurred going through this process. Important information The only grounds for an appeal are that t...
...materials. 3 B: Pursuant to section 321 of the Act, these orders remain in force until further order of this court. Leave is reserved for any party to apply to change or cancel these orders. C: Costs are reserved. Any application must be filed within ten working days, any reply within a further five working days, and any final reply within a further five working days. REASONS Introduction [1] This proceeding concerns an application for orders under s315(2)(a) of the...
..._______________________________________________________________ MINUTE OF THE ENVIRONMENT COURT PLAN CHANGE 1 (20 January 2022) _______________________________________________________________ Introduction [1] This Minute is released for the purpose of case management in light of the memorandum filed by Mr John Cocks, a submitter of PC1 Chapter 7 (Landfills). [2] On 17 December 2021, Mr Cocks filed a memorandum with the court for the purpose of detailing matters that he raised in...
...Authority’s determination, the history of the litigation between the parties, and the nature of the Court’s power and discretion under s 140(6). [5] Mr Towner calculates that Ms McKay should be awarded $16,969, along with reimbursement of the filing fee of $306. This figure accounts for the commencement of the proceedings, preparation for and attendance at a directions conference, preparation of an affidavit, and the filing of written submissions. Mr Towner has certified that...
...McClymont salary in lieu of notice, totalling $16,750; (e) interest had to be paid by the Trust on the wage reimbursement and notice payments; and (f) Mr McClymont was entitled to $4,471.50 for his costs and disbursements. [3] The Trust has filed a de novo challenge to that determination. On the basis of the determination, it seemed that the Trust may not have participated in the Authority’s investigation of the matter in a manner that was designed to resolve the issues...
...Enterprise NZ Ltd (Shah Enterprise) and Mr Shah.1 1 Shah Enterprise NZ Ltd v A Labour Inspector of Ministry of Business, Innovation and Employment [2022] NZEmpC 177. [2] The memorandum from the Labour Inspector applying for costs was filed on 13 October 2022 and provided to Mr Meys, who represented Shah Enterprise and Mr Shah in these proceedings. [3] Mr Meys has advised the Court that he does not have instructions to file a costs memorandum. No memorandum has bee...
...respect of an abatement notice issued by the Western Bay of Plenty District Council. That request was declined by the Council on 25 October 2022. [2] An appeal was originally lodged under s 325(1) of the Act but subsequently replaced by an appeal filed on 7 November 2022 under s 325A(7) of the Act, being an appeal against a decision not to cancel or change an abatement notice. [3] Various applications for stays and extensions were made and granted during this period with the las...
...challenge is frivolous and an attempt to avoid paying the costs order. It says it also believes the plaintiff may not be financially able to pay its costs if it successfully defends the challenge. [7] Mr Bishop, a director of Food Thingy, has filed an affidavit in support of the application, in which he confirms the company’s belief that the claim is frivolous and there is no chance of success. He also deposes to his belief that Mr Boulton does not have the financial ability to...