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1. CAC 20007 v Marshall [2013] NZREADT 61 [pdf, 28 KB]

   ...REAL ESTATE AGENTS ACT 2008 The Application Before Us [1] On 13 May 2013 we received not only a formal charge from the Authority alleging misconduct by the defendant based on various alleged frauds, but also an application (with supporting affidavit) from the prosecution for suspension of the defendant’s Real Estate Agents Licence pending the outcome of a hearing for the substantive charge. [2] The appropriate procedure regarding suspension of licence pending outcome of hear...

2. [2014] NZEmpC 9 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 30 KB]

   ...defendant was represented by counsel. In response to the plaintiff’s challenge, the defendant filed a statement of defence but did not attend the hearing on 18 November 2013. Rather, by agreement, counsel for the defendant filed submissions. An affidavit of the defendant’s director was also filed. The plaintiff was largely successful in that the remedies awarded to him were substantially greater than those awarded by the Authority. Costs could not be agreed and memoranda...

3. Handy v New Zealand Fire Service Commission (Strike-Out Application No. 2) [2019] NZHRRT 19 [pdf, 90 KB]

   ...the Human Rights Act 1993 (the HRA) from making a complaint about the same racial harassment in the Tribunal. [3] There were lengthy delays in determining the strike out application. Despite being given repeated extensions, no submissions or affidavits in opposition were ever filed by Mr Handy who, after repeatedly seeking extensions of time in response to the arrival of deadlines, eventually made an application to adjourn the application sine die. Despite making applications for ad...

4. [2018] NZEnvC 185 Kawerau District Council v Aquastar Holdings Limited [pdf, 163 KB]

   ...for the Council advised that while some work had been done, the Council's building control officer inspected the property on 25 September 2018 and found that work to be insufficient to comply with Rule C1.4.6 of the District plan. An unsworn affidavit in the name of the officer was filed with that memorandum. The Council now seeks consent in terms of its application. [7] Also on 25 September 2018, the principals of Aquastar wrote to the Councils solicitors, with a copy to the...

5. [2021] NZEnvC 197 James Wallace Family Trust v Wang [pdf, 146 KB]

   ...deck.2 The works are not authorised by a resource consent. On 12 November 2021 the Applicant applied for an enforcement order to require the Respondent to comply with the RMA and the relevant rules in the AUP. The application was accompanied by affidavits of James Wallace and Vaughan Smith. 1 Affidavit of V Smith, dated 10 October 2021, at [19]. 2 Affidavit of J Wallace, dated 31 October 2021, at [22]. [1] [2] [3] [4] 3 In particular, the Applicant sought orders...

6. [2023] NZEmpC 81 Carrington Resort Jade LP v Roy [pdf, 181 KB]

   ...position to comfortably honour any remedies ordered by the Court in the event that the challenges fail. [10] Carrington does not oppose paying the amounts ordered by the Authority into Court. [11] Carrington’s application is supported by an affidavit of Mr William Tan, who is the General Manager of Carrington. He also is the Chief Executive Officer of Gorges Jade Holdings Ltd, which is the parent company of Carrington. He is representing Carrington before the Court. [12]...

7. MOJ0547_SEP21_WEB.pdf [pdf, 75 KB]

   ...dividing your relationship property, you need to make a separate application within 12 months of your divorce. When you both agree to divorce When you both want to divorce, you can apply together. You don’t have to fill this in together or swear the affidavit together – you can do this separately – but you only need to fill in one Joint application. Fill in the right form You both need to fill in the form Joint application for order dissolving a marriage or civil union. Downloa...

8. [2008] NZEmpC AC 35/08 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 30 KB]

   ...probable that the union will now act soberly and cautiously rather than rashly, unlawfully and vindictively as Mr Carrucan fears. [20] The final relevant issue is that of prejudice to the intended defendant and others. This has been established on affidavit evidence given for the intended defendant that has not really been challenged. Starting at the far end of the time scale, the union’s rules provide that its National Council must meet annually. While it is true that it may...

9. [2015] NZEmpC 21 Haldemann LLC v Nelson [pdf, 118 KB]

   ...relevant documentation from both the above entities. Finally he suggested the Court should also issue an order requiring ICC and/or Enterprise Recruitment to provide relevant documents under r 8.21 of the High Court Rules. [6] In his affidavit of 12 January 2015, Mr Katavich enlarged on the foregoing. As well as annexing the documents which have been disclosed by Ms Nelson he attached copies of pages from websites of ICC and Enterprise Recruitment, suggesting that when ap...

10. CAC 20004 v Mr G [2014] NZREADT 76 [pdf, 38 KB]

    ...Chairperson on 24 June 2014. [3] Mr G has acknowledged his guilt to the matters charged and therefore we formally find the charge dated 28 May 2014 against Mr G proved. 2 [4] Mr G has filed an application for permanent name suppression and an affidavit in support. We are asked to decide this matter on the papers. The Charge [5] The charge reads in full: “READT No 054/14 In the matter of a charge laid under s.91 of the Real Estate Agents Act 2008 Between Complain...