Search Results

1. [2018] NZEmpC 15 Tru-Test Ltd v Callingham [pdf, 173 KB]

   ...review Mr Callingham stated a preference to move away from sales and they discussed a potential role in technical product support. Mr Callingham did not make any comment to Mr Atmore about plans to establish his own business. [10] In Mr Atmore’s affidavit he said that on 15 September 2017 it came to his attention Central Cooling and Heating had been incorporated. He spoke to Mr Callingham to discuss this company and was advised by Mr Callingham, he says, it was set it up so his...

2. [2016] NZEmpC 64 McIvor v Saad [pdf, 95 KB]

   ...(in respect of Mr Saad’s application for an order for stay of proceedings); 26 January 2016 (in respect of Gary McIvor’s application for a compliance order); and 14 March 2016 (in respect of Mr McIvor’s application for security for costs). Affidavits in support of those applications have now been filed, as have notices of opposition (and affidavits in support of opposition) to them. In all respects, therefore, those three interlocutory applications were ready for hearing tod...

3. [2016] NZEmpC 62 Harlow v Western Property Management Ltd [pdf, 100 KB]

   ...1 Harlow v Western Property Management Ltd [2016] NZEmpC 59. in the proceedings) and parties subject to the freezing order, have applied to the Court to have the freezing order set aside. There is an affidavit in support of that application from Mr Teague which was sworn today, 25 May 2016. [5] Prior to proceeding with the hearing today, I also received in addition from Mr Turner, counsel for Ms Harlow, his submissions in support of the

4. [2013] NZCA 108 CA149/2013 Snowdon v Radio New Zealand [pdf, 98 KB]

   ...were these facts: (a) following commencement of the applicant’s 2005 proceeding, the respondent applied in June 2005 for security for costs; (b) later in the same month the respondent abandoned that application after the applicant filed an affidavit listing her assets, in particular properties in Oriental Bay in Wellington; (c) in June 2011 the respondent applied afresh for security, having ascertained that the applicant had, in 2006, transferred the assets listed in her affid...

5. [2018] NZEnvC 119 West Coast Regional Council v Westland District Council [pdf, 1.6 MB]

   ...date for compliance, the District Council filed an application seeking to substantially change the enforcement orders and extending the date for the commissioning of a new treatment plan by ten months. [3] The application was supported by a brief affidavit' giving reasons for the District Council's failure to comply with a court order. In summary, the District Council says that it could not comply because it lacked the capacity (in terms of relevant in-house technical expe...

6. [2017] NZEmpC 72 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 95 KB]

   ...permitted to resume work. He now seeks a compliance order because he maintains that he has not been allowed by Broadspectrum to return to active duties in breach of the judgment in his favour. Preliminary matter [7] On 2 June 2017 Mr Nathan filed an affidavit by Harriette Marie McClelland which produced recent correspondence between counsel for the parties. That affidavit did not comply with a timetable I had previously directed. When the hearing commenced this morning Mr Upton...

7. [2017] NZEmpC 76 Dent v Waikato DHB [pdf, 92 KB]

   ...the preparation of the bundle of documents. On behalf of the Board, he has taken objection to the extent of documents which the plaintiff, Ms Dent, wishes to have included in the bundle. [3] In support of the application, the WDHB has filed an affidavit of George Lello, affirmed and dated 20 March 2017. In that affidavit, Mr Lello (who is a law clerk employed by the solicitors acting for WDHB) has exhibited a file note recording a meeting between Mr Russell and Ms Dent in relati...

8. [2021] NZEmpC 1 QDA v EKD [pdf, 221 KB]

   ...for a stay. The core of his opposition was that he was entitled to the benefit of his success in the Authority and should be able to use the funds as he sees fit. In particular issue was taken with the accuracy (and perhaps completeness) of two affidavits from QDA’s staff members supporting the application. 2 Above n 1, at [1] and [11]. See also EKD v QDA [2019] NZERA 609. [7] In a minute of 8 December 2020 Judge Corkill t...

9. [2020] NZEmpC 118 Savrim v Wellington Hospitality Group Ltd [pdf, 185 KB]

   ...properly co-operate with the Authority in resolving the employment relationship problem. [22] An order of costs was made against Ms Savrim by the Authority but remains unpaid. No stay has been granted. [23] Another concern is that Ms Savrim’s affidavits in support of this application are unpersuasive and evasive. Wellington Hospitality has pointed out discrepancies between the two affidavits filed by Ms Savrim and also between what she has said in her affidavits and other...

10. [2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd [pdf, 222 KB]

    ...(f) the sums sought for security for costs are fair and balance the interests of the parties. The parties gave evidence of the plaintiffs’ circumstances [6] Mrs Hanife Kokcu, who is a director and shareholder of Zara’s, gave affidavit evidence in support of the application. She says that Mr and Mrs Kocatürk are Turkish passport holders whose family reside in Turkey. She says she understands that Mr and Mrs Kocatürk return to Turkey to visit family from time to...