Search Results

1. [2011] NZEmpC 8 Service v YMCA Christchurch [pdf, 243 KB]

   ...the Court: On December 7 after the decision had been made to terminate and we had been advised of the intention to initiate a grievance we wrote to Peter Tindall setting out our view of the facts of the case and asking him to provide a full affidavit in answer to specific questions. He provided an affidavit on 10 December but has repeatedly refused any further response to the YMCA. [49] The lengthy email to Mr Tindall requesting an affidavit was actually written by Mr Zwart. Mr...

2. [2022] NZREADT 2 - BX v REAA (28 February 2022) [pdf, 276 KB]

   ...and told her she was going to cost him the sale of the property. She was shaking and in tears and told him it was Mr Tapper. He also rang demanding that she release the deposit early, which did not sound right. [21] The appellant produced an affidavit from EI (15 July 2020). A very angry Mr Tapper rang, abusing the appellant while stating that she could cost him the sale of the property. He witnessed another of Mr Tapper’s calls when he informed her that something big had happen...

3. [2007] NZEmpC WC 12D/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 30 KB]

   ...adequate evidence before the Court of the costs incurred by the plaintiff. 1. Costs on the interim injunction [21] The plaintiff engaged two counsel, an intermediate and a junior, for this matter which was heard on the papers. Counsel filed affidavits and submissions. The plaintiff is seeking a contribution to their daily 7-hour rate of $2,975. On the basis of a nominal 1-day hearing and applying the Okeby formula using 3 days of preparation for each day of hearing, an award of...

4. [2015] NZ EmpC 119 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 100 KB]

   ...Court issued Interlocutory Judgment (No 12) on the late afternoon of Monday 20 July 2015. Interlocutory Judgment (No 12) refused the plaintiff leave to bring a further interlocutory application challenging the adequacy of document disclosure affidavits filed by the defendant earlier in the month. The Court’s reasons for so deciding are set out in Interlocutory Judgment (No 12) and I will not repeat them here. [7] Interlocutory Judgment (No 12), issued on 20 July 2015, responded...

5. H v J [2016] NZIACDT 19 (04 April 2016) [pdf, 83 KB]

   ...required to keep and produce a client file. The responses [7] The complainant filed a statement of reply, and generally agreed with the contents of the Statement of Complaint. She requested that the Tribunal convene an oral hearing. [8] Mr J filed an affidavit answering the complaint. He said: [8.1] He entirely rejects the allegations against him. [8.2] He has never had any contact with the complainant at any time, has no recall of ever meeting her, and did not represent or advise h...

6. CAC 2006 v Azimi - Interim Suspension [2012] NZREADT 43 [pdf, 30 KB]

   ...PURSUANT TO S.115 REAL ESTATE AGENTS ACT 2008 Background [1] On 22 June 2012 we received not only formal charges 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 charges. [2] The appropriate procedure regarding suspension of licence pending outcome of...

7. Paul v Trustees of Ruawahia 2B – Ruawahia 2B (2013) 79 Waiariki MB 108 (79 WAR 108) [pdf, 70 KB]

   ...review proceedings himself, counsel were instructed and appeared when those matters came to hearing. Given the serious nature of the allegations the respondent trustees also instructed counsel and filed substantial evidence in response by way of affidavits. Mr Paul did not respond to that evidence and it went largely unchallenged. Counsel for Mr Paul submitted that his client would like to see a merciful hand (tohu aroha) in relation to costs. The Court is not unsympathetic to Mr Pa...

8. FE v VF LCRO 59 / 2011 (7 September 2011) [pdf, 58 KB]

   ...licence application made by the Practitioner on the Applicant’s behalf was declined by the Court. While the police originally raised no objections to his application, the LTA did object, primarily on the basis that the Applicant had stated in his affidavit that the demerit points had not occurred whilst he was driving his taxi. For the same reason the P endorsement was also not granted. [6] The Practitioner informed the Standards Committee that the Applicant had lead him to be...

9. KIT v AHX [2013] NZIACDT 29 (27 May 2013) [pdf, 99 KB]

   ...counsel noted the letter was consistent with “the writer not being a native speaker of English”. 3 The Response [16] Mr AHX responded to the complaint in a letter dated 22 November 2011 addressed to the Authority, supported by an affidavit dated 23 November 2011. [17] Mr AHX explained that he was involved with Mr SNJ’s company on a part-time basis from 20 October 2009 to 11 April 2011. [18] His only involvement with Ms KIT’s file was about August or October...

10. Shaw - Tauwhao Te Ngare (2004) 79 Tauranga MB 40 (79 T 40) [pdf, 1.4 MB]

    ...Counsel's submissions. Although the Notice of Opposition refers to the Reservation and to Part XVII of Te Ture Whenua Maori Act 1993 it does not refer to the registration of the Reservation Gazette Notice under the Land Transfer Act. The affidavits of evidence have copies of the certificates of title for the blocks attached as exhibits, and the title for the Tauwhao Te Ngare block shows the registered Gazette Notice. However, the affidavits the registration of the Notice is n...