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Search results for Statement of Defence.

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  1. Findlay v Auckland City Council [pdf, 108 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000034 BETWEEN LEE FINDLAY AND MICHAEL ARNE SANDELIN as Trustees for LEE FINDLAY FAMILY TRUST Claimant AND AUCKLAND CITY COUNCIL First Respondent AND ROY STANLEY SLATER Second Respondent Hearing: 27, 28, 29 July 2009 and 26 August 2009 Counsel Appearances: E St John, counsel for claimants. D Heaney SC and S Mitchell, counsel for first respondent. M Frogley, counsel for second respondent. Appearanc

  2. DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]

    1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF, OF THE THREE SEX WORKERS AND OF THE RECEPTIONIST WHO GAVE EVIDENCE (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 6 Reference No. HRRT 018/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN DML PLAINTIFF AND AARON MONTGOMERY FIRST DEFENDANT A

  3. [2017] NZEmpC 20 New World Market Ltd v Wang [pdf, 76 KB]

    ...in this case. On the other hand, the total time set out in Mr Zhang’s submissions as being required to deal with this matter on behalf of Mr Wang is excessive. For instance, the claim that two days were spent in drafting and engrossing the statement of defence is manifestly excessive. I also consider that the time claimed for some of the other items is similarly excessive. I consider that a reasonable time, having regard to the nature of the attendances involved, would be 1.55...

  4. [2016] NZEmpC 139 Tait v Sherson t/a Silver Birch Holiday Park and Motel [pdf, 79 KB]

    ...are modest. [6] Mr Reid submits the defendant took an intransigent stance in respect of the conduct of the litigation. In addition, there was an interlocutory matter which had to be dealt with in that the defendants needed to file an amended statement of defence. [7] The principles which apply to applications for costs in this Court have now been well established in three Court of Appeal decisions. 3 Costs would usually follow the event. Usually the award of costs to a succe...

  5. [2020] NZEmpC 15 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 634 KB]

    ...“Band B, and B and C”, without elaboration. Similarly, Mr Reid’s submissions did not address the issue of which category of cost, or band, should be applied. [6] This proceeding was reasonably straightforward. The company did not file a statement of defence, instead applying to strike out the claim. The steps that ought to be taken into account to gain assistance from the guideline are those that relate to applying to strike out, preparing for and participating in a telep...

  6. [2021] NZEmpC 116 McKay v Wanaka Pharmacy Ltd [pdf, 168 KB]

    ...Mr Towner that these proceedings do bear a degree of complexity given the history of the litigation between the parties. [11] I consider Category 2A to best reflect the proceeding that eventuated, but I will reduce the time allocated for the statement of claim from 1.6 days to one day. [12] On that basis, the calculation is as follows: Item Proceedings Days 2 Commencement of defence to challenge by defendant 1 11 Preparation for first directions conference 0.2 13 Appe...

  7. [2022] NZEmpC 186 Teddy and Friends Ltd v Page [pdf, 177 KB]

    ...summary, he asserts that his actual costs were $22,323.42. He also says that under the Guideline Scale, the correct assessment is 5.4 days. [5] This assessment includes an allowance for an interlocutory step. Mr Page had sought leave to file a statement of defence out of time, which having regard to his personal circumstances was granted.4 [6] It was submitted for Mr Page that in all the circumstances – particularly the extent of costs actually incurred – there should be an...

  8. CJARS Guide to Filing a Claim [pdf, 224 KB]

    ...account any reparation ordered by the Court. The assessor does not, however, need to wait for any court case that may result from the victimisation to take place. Evidence is to be to the satisfaction of the assessor and may include supporting statements from the police as well as other proof of the existence of the property being claimed for, its current value, and its loss. The Scheme will not meet losses incurred after a witness is accepted onto the Witness Protection Programme....

  9. Form 5 Third Party Notice [docx, 56 KB]

    ...the third party owes you something that is connected with the proceedings. For more details, see Rule 4.4 of the District Court Rules 2014. You must issue the third party notice within 10 working days after the expiry of the deadline for serving your statement of defence (or within a longer time with leave of the court). How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked with red text. T...

  10. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

    IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environmment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BE