Search Results

1. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...for defendant Judgment: 3 June 2008 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The defendant has sought leave to file a statement of defence out of time. [2] As a preliminary issue, objection was taken by the plaintiff to an affidavit filed on behalf of the defendant on 20 May 2008. There were two main grounds for the objection. The first was that the affidavit was not served on the address for service. It was served by facsimile transmission. The plaintiff’s...

2. [2020] NZEnvC 012 NZ Fairy Tern Charitable Trust v Auckland Council [pdf, 282 KB]

   ...(b), (c) and (d) will not be necessary 5 Directions [16] Having concluded the scope of the scope of the hearing, I now move to Directions. All parties agree that the matter should be set down for Hearing. All evidence should be by way of affidavits. (a) Council has indicated that it has 3 persons to file affidavits: (i) Planner; (ii) Someone to discuss the drainage and water catchment issues of the area; (iii) Someone to discuss healthy waters or the waterways themselves...

3. [2013] NZEmpC 30 Looker v AG Walter & Sons Ltd [pdf, 119 KB]

   ...favoured the respondent’s position. [4] Following a directions conference held on 31 August 2012, I issued a minute observing that the application for the extension of time was opposed and that the applicant would need to file and serve further affidavits as to the merits of the challenge. I stated that the Court would not normally grant an extension of time to file a challenge out of time unless there are prospects of the challenge succeeding. The parties agreed to a timetable...

4. [2018] NZEnvC 013 CTE Holdings Limited v Christchurch City Council [pdf, 1.7 MB]

   ...Christchurch City Council on : (a) by Canterbury Environmental Services Ltd; and (b) CTE Holdings Ltd - in respect of an activity involving the storage of trucks at 237 Prestons Road , Christchurch. [2] Both applications for stay are supported by affidavits: Bruce William Stanley filed an affidavit in support of CTE Holdings Ltd's application and Matthew John Punter fi led an affidavit in support of Canterbury Environmental Services Ltd's application . Hermione Clair B...

5. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...the proposal. Their opposition to the proposal relates not only to access, but to the other matters set out below. The proposal [3] The sections of the roads proposed to be stopped are shown on Survey Plan S0492393 (survey plan) attached to the affidavit of Ms Slatter as Exhibit C1 and included in Annexure 1 (b) of this decision.1 They bisect the inland port and it is intended that if the Council 's decision is confirmed , they will eventually be amalgamated with the adjacent...

6. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...background. [11] For reasons explained in the eleven case management Minutes earlier referred to, the proceedings against PwC have taken longer to bring to a hearing. [12] To complete the list of related litigation it is mentioned that according to the affidavit sworn on 16 October 2020 by Mr SJ McCulloch, General Counsel, PwC, Ms Guo has brought two other proceedings against PwC in relation to the same matters which are alleged to have taken place during her employment relationship w...

7. [2018] NZEnvC 015 Mawhinney v Auckland Council [pdf, 21 MB]

   ...been required. (d) Any eXisting use rights the applicants may have only extend to Pinus radiata and not removal of native vegetation which is now growing on the land set out in schedule 1. [6] The evidence for the applicant is: • the Tenth Affidavit of Mr P W Mawhinney from a 2015 proceedings (ENV- 2015-AKL-88); • the affidavits5 of Mr P W Mawhinney dated 4 August, 2 November and 3 November 2017; and • the viva voce evidence of Mr Nicholaus Mawhinney. All references to pa...

8. [2013] NZEmpC 216 Narayan v Telecom NZ Ltd [pdf, 54 KB]

   ...parties have agreed that the application may be dealt with on the papers without the need for a court hearing. [4] Unfortunately, what amounts to a minor procedural defect has been escalated unjustifiably by Mr Narayan. [5] Mr Narayan, in his affidavit in support of his notice of opposition, is alleging that the actions of counsel for the defendant, in filing the amended statement of defence out of time, were deliberate and not as a result of oversight. In addition, he is allegin...

9. [2018] NZEnvC 060 Sabatier v Auckland Council [pdf, 5 MB]

   ...appears to be an unforeseen risk of stormwater emanating from Stage 7 overflowing the detention ponds and eventually overtopping the spill-weir at the pump station. In response, Addison has applied to vary the 2014 Stage 7 Subdivision Consent. 10 Rodger affidavit at [1 .2]. 11 Finnigan, first affidavit, Doc 16, the "2014 Stage 6 Subdivision Consent", application numbers RISUB/2014/291 (Subdivision) and R/REG/2014/293 (Dam). Chin supplementary affidavit, Doc AC14, the "2014...

10. [2018] NZEnvC 174 Smith v Young [pdf, 1.3 MB]

    ...personally; or (3) failing (2) , serve a copy on his solicitors or agents in relation to the RM175059. E: In relation to the application for enforcement orders (ENV-2018-CHC-191) I direct as follows: (a) any notice of opposition and supporting affidavits must be lodged and served by Wednesday 26 September 2018; and (b) any reply must be lodged and served by Friday 5 October 2018. F: Costs are reserved. REASONS Introduction [1 J Michael James Smith and Emily Katherine Smith...