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...kgr@kelvinreid.co.nz IN THE ENVIRONMENT COURT ENV-2016-CHC-000071 AT CHRISTCHURCH IN THE MATTER of the Resource Management Act 1991 AND of an application for declarations under Part 12 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-000071) Applicant AND MACKENZIE DISTRICT COUNCIL Respondent NOTICE OF MACKENZIE IRRIGATION COMPANY LIMITED’S WISH TO BE A PARTY TO PROCEEDINGS 1 December 201...
...claimed that they should not be held responsible for costs because they had no choice but to discontinue the proceedings due to a number of matters. [4] They say it was their counsel who requested the change of name of the plaintiff in the second statement of claim from individuals to the name of the company “for tax purposes”, but the new statement of claim was rejected by me and, according to their counsel, I had been “frosty and hostile” and “most likely to rule agains...
...law? Have you previously been on the duty lawyer/solicitor roster? Yes. How long were actively involved as a duty lawyer/solicitor? no. Pre-trial hearing case details name or initials of defendant Date D D / M M / Y Y Y Y Judge Defence team charges Please indicate your role in the case by completing the following. Draft documents enter plea/s Bail (initial) Bail (second or subsequent) Status/case Review Hearing other. Describe: Research the...
...complaint. Through her counsel, the Registrar accepted that was the appropriate outcome on the evidence before the Tribunal. Rehearing [6] The Tribunal issued a decision upholding this complaint on the grounds presented by the Registrar in her Statement of Complaint. Mr J applied for a rehearing. He supported the application on the grounds: [6.1] He posted a statement of reply to the Tribunal, using a correct postal address and in a timely manner. [6.2] Without the statement of repl...
...information, which he then used to his advantage. There is also evidence that he acted in breach of the restraint of trade provision in his agreement following his departure from Wilson Parking. [33] I have considered whether there may be defences available to the respondents that might impact the apparent strength of the case against them. [34] First, it is, as counsel for Wilson Parking points out, possible that an argument might be made that the restraint of trade c...
...at dispute in this case, in effect an application for the application to be dismissed. [9] On 1 September 2020, the Bs made their own cross application for costs incurred, due to; bad faith and unsubstantiated allegations being raised by EQC in defence of the claim. [10] I must now consider these applications. DISMISSING THE SUBSTANTIVE CLAIM [11] Ms Clark, for EQC, has submitted that, as EQC has agreed to pay the applicants the estimated cost to relay the entire driveway (the s...
...example, affidavit of Mary Smith in support of application for interim injunction, or affidavit of William Jones in support of defendant’s challenge to plaintiff’s objection to disclosure of documents). 3. Amended pleadings generally Amended statements of claim and amended statements of defence must indicate in some clear way the text that has been omitted or changed and the new text that has been added since the last pleading. Omissions can be indicated between bold typef...
...the Criminal Procedure Act 2011. Because every case is different not all cases will follow this path exactly. First appearance in court* Pre-trial hearing Offence alleged Second appearance in court† 1 Case management meeting Prosecution and defence counsel discuss case and complete CMM CMM – Filed by defence counsel 5 working days before case review hearing Jury trial Formal statements Filed by prosecution 25 working days before trial callover TCM (trial callover memoran...
...the Criminal Procedure Act 2011. Because every case is different not all cases will follow this path exactly. First appearance in court* Pre-trial hearing Offence alleged Second appearance in court† 1 Case management meeting Prosecution and defence counsel discuss case and complete CMM CMM – Filed by defence counsel 5 working days before case review hearing Jury trial Formal statements Filed by prosecution 25 working days before trial callover TCM (trial callover memoran...
...appeal amounted to $17,915.88. Using 2B of the District Court scale he submits BMW is entitled to costs of $12,972.00. [4] The claimants oppose the application as they consider BMW should bear its own costs. They say that the second amended statement of claim on 23 June 2010 made it clear that the allegation Page | 3 against BMW was clearly limited to a single item. They say BMW misinterpreted the amended statement of claim which was limited to the one single defect c...