Search Results

1. [2007] NZEmpC AC 58/07 A & Anor v C & Anor [pdf, 17 KB]

   ...members of the second defendant and their respective legal advisers without the written agreement of counsel for the plaintiffs or order of the Court. 3. The first and second defendants will not publish the pleadings in this proceeding, including affidavits and all Court-filed documents, to any person or persons other than the first defendant and the enterprise’s Director of Human Resources, E, and the members of the second defendant and their respective legal advisers without t...

2. [2014] NZEmpC 27 Booth v Big Kahuna Holdings Ltd Interlocutory [pdf, 52 KB]

   ...than might usually apply but, as Mr Oldfield acknowledged, the plaintiff was not prejudiced given the interim orders that have now been made. Following discussion orders were made that: a) The plaintiff is to file and serve a sworn copy of the affidavit already filed in support of the application for a stay no later than 4pm on Monday 24 February 2014; b) The defendant is to file and serve a notice of opposition and any affidavit/s in support by 4pm on 3 March 2014;...

3. Auckland Standards Committee 5 v Blackman [2017] NZLCDT 11 [pdf, 35 KB]

   ...27 February 2017. Proof of service has been filed. 3 [7] Ms Blackman has not filed a response to the charge and did not participate in a subsequent teleconference held on 13 April 2017. [8] Proof of the charge has been provided by the affidavit of Sarah Elizabeth Te’o sworn on 11 January 2017. In that affidavit an email from Ms Blackman is attached as exhibit “ST8” in which she says “I am not sure what you want me to say, DL has covered everything in her complain...

4. [2016] NZEmpC 116 Owen v Chief Executive of the Dept of Corrections [pdf, 72 KB]

   ...basis that it was one day out of time. 1 Owen v The Chief Executive of the Department of Corrections [2016] NZERA Auckland 253. [3] The current application was filed on 24 August 2016. An affidavit in support and draft statement of claim were filed the next day. I pause to note that while the application refers to an application for leave to file out of time, I treat it as an application for an order extending time pursua...

5. C v O [2016] NZIACDT 58 (21 September 2016) [pdf, 133 KB]

   ...client to complete the tests before the application was ready was potentially the result of performing her services without due care and diligence. Request for Ms O to respond [5] Pursuant to section 49(4)(a) the Tribunal requested that Ms O file an affidavit responding to the allegations. [6] Ms O filed an affidavit to the effect: [6.1] She advised the complainant to complete a medical test in May or June 2013. At the time, Ms O had a position of employment arranged, but the prospec...

6. [2023] NZEmpC 165 A Labour Inspector v ZAQ Ltd [pdf, 163 KB]

   ...able to consider this material prior to the review hearing. [4] In those circumstances, the Labour Inspector has applied for an extension of the freezing orders until 31 October 2023 and suggested that the Labour Inspector file and serve an affidavit in response to the material on or before 17 October 2023. [5] Mr Credo, for the respondents, expressed the hope that the parties may be able to file a joint memorandum within a week, which would at least enable the freezing orders...

7. [2025] NZEmpC 99 Brown v The Clinician Holdings Limited [pdf, 142 KB]

   ...to an uplift as a result of GST being unrecoverable on those scale costs and disbursements. They agree on the applicable law but disagree as to whether GST is, in fact, unrecoverable by Mr Brown. After the issue was raised, Mr Brown filed an affidavit confirming that he was not GST registered, that he has paid his legal fees personally rather than through his company, and that GST is therefore not recoverable. [4] In light of the affidavit filed by Mr Brown, I accept that GST is...

8. [2024] NZEnvC 277 Brown v Selwyn District Council [pdf, 362 KB]

   ...considered the consent memorandum of the parties dated 21 October 2024 which sets out the agreement reached between the parties to resolve the appeal by rezoning the appeal site to General Residential Zone. I have also read and considered the affidavit of Senior Policy Planner Jocelyn Lewes, affirmed 17 October 2024. The affidavit explains the scope to make the changes sought and the rationale for the agreed changes in terms of s32AA of the Resource Management Act 1991 (‘the Act...

9. [2007] NZEmpC CC 17/07 Inner City Interagency Trust v Howard [pdf, 27 KB]

   ...appeal. (iv) The novelty and importance of the question involved (it is common ground that this has no application in the present case). [4] In support of the application a member of the Trust Board, Gerrard Alexander Walmisley, has sworn an affidavit confirming that the service provided by the Trust is an extremely valuable one which relies upon the continued support of its funders, who are all philanthropic organisations. He has deposed that the centre runs on a minimal budge...

10. [2010] NZEmpC 97 Evolution E-Business Ltd v Smith [pdf, 27 KB]

    ...[9] As to the strength or its absence of the plaintiff’s claim, counsel for Mr Smith has referred me to the application for special leave to remove the matter to the Court made in February 2010, the memorandum of counsel in support of that, the affidavit of Christine Gordon also in support of that application, a minute of the Court dated 15 February 2010, and the oral judgment1 of Judge BS Travis delivered on the following day. [10] The plaintiff alleges that Mr Smith breached h...