Search Results

1. OIA-106912.pdf [pdf, 1.8 MB]

   ...obiter remarks in A v Central Authority for New Zealand [1996] 2 NZLR 517 (CA) in relation to the court’s ability to impose conditions on a return order. Court’s analysis of the case 6. The mother sought to admit urther evidence including an affidavit from her in relation to the progress of the prosecution of the father, a registered clinical psychologist and Tasmanian Women’s Legal Service. The new evidence about the mother’s mental health and risks associated with her re...

2. [2012] NZEmpC 5 Bishop & Bishop v Bennett [pdf, 90 KB]

   ...application for costs BETWEEN RONALD EDWARD BISHOP & MARGARET ELLEN BISHOP Plaintiffs AND CHRISTINE FLORENCE BENNET Defendant Hearing: on the papers - submissions received 28 October, 7 November and 2 December 2011. Affidavits received 5 and 16 December 2011. Judgment: 20 January 2012 COSTS JUDGMENT OF JUDGE A A COUCH [1] I gave my substantive judgment in this matter on 6 October 2011. 1 The plaintiffs’ challenge was unsuccessful. I conclu...

3. Adams v Aucamp [2015] NZIACDT 94 (22 October 2015) [pdf, 150 KB]

   ...evidence. Accordingly, the issues are essentially factual matters where the Tribunal has had to consider the written material before it, the complainant’s oral evidence and oral evidence from a witness called by the complainant. Mr Aucamp provided an affidavit in response to the complaint, but chose not to give oral evidence; accordingly, his account was not subject to cross-examination. The Tribunal must give appropriate weight to the various materials before it, and reach conclusions r...

4. [2016] NZEmpC 34 Advance International Cleaning Systems NZ Limited v Hamilton [pdf, 160 KB]

   ...have been filed by 10 November 2015 6 . If you wish to challenge the determination you will have to seek leave of the Court. You will need to file an application for leave to file a challenge out of time with a draft statement of claim and an affidavit verifying the grounds in which the application is made. There is no filing fee associated with this type of application. Your direct credit of the filing fee paid on 16 December 2015 will be held until a judgment is given in reg...

5. Canterbury Westland Standards Committee v Willi [2012] NZLCDT 16 [pdf, 100 KB]

   ...sought, we do consider ourselves bound by nature of the amendment to the charges, where the element of intentionally misleading the bank has been removed. Procedure [7] Shortly after these matters were uncovered in 2008 Ms Williams swore an affidavit of her own volition, having had legal advice, but without the benefit of any of her files for reference. In that affidavit she acknowledges that she made “... serious errors which may draw me into the realms of professional miscond...

6. LCRO 173/2017 ZD YF WP v FH [pdf, 118 KB]

   ...complainants wanted to prevent Mr BT from managing the case and appearing in Court in relation to it. [5] An application was made under Mr FH’s name to the District Court seeking leave for Mr BT to appear as counsel in the proceeding. Mr FH swore an affidavit in support of the application dated 20 December 2011. He filed a further affidavit, sworn 15 March 2012, seeking leave for Mr BT to appear as his agent pursuant to s 57 of the District Court Act 1947. [6] For various reasons,...

7. SW v RD LCRO 2/2012 (24 September 2015) [pdf, 62 KB]

   ...4 Submissions by SW, 12 June 2015, at [17]. 7 13.5.1 A lawyer must not act in a proceeding if the lawyer may be required to give evidence of a contentious nature (whether in person or by affidavit) in the matter. 13.5.2 If, after a lawyer has commenced acting in a proceeding, it becomes apparent that the lawyer or a member of the lawyer's practice is to give evidence of a contentious nature, the lawyer must immediatel

8. [2017] NZEmpC 105 Nisha v LSG Sky Chefs NZ Ltd & Anor [pdf, 159 KB]

   ...further submissions as to LSG NZ’s strike-out application. 2 [3] Late on 18 August 2017, Mr Hay filed a further application for a verification order; the application related to a single governance document known as an LSG Approvals Policy. Affidavits were filed in support from Mr Hay and from Mr Sellar. Both had previously given evidence about documents for the purposes of Mr Hay’s earlier application for disclosure. [4] At the commencement of the hearing on 21 August 2017,...

9. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...to order security for costs in cases that fall squarely within the section. Submissions [14] The defendant in the present case has sound reason for being concerned about the ability of the plaintiff to meet an adverse award of costs. In an affidavit in support of her application for security, Ms Cawthorne refers to an email Ms Mills sent to Ms Cawthorne's then solicitor (not Mr Govender) following the Authority's determination making an urgent plea that costs be allow...

10. [2019] NZEmpC 103 Saipe v Bethell [pdf, 252 KB]

    ...obvious objection that the Court has no statutory right to extend the limitation period, as determined by a full Court in Blue Water Hotel Ltd v VBS.2 As a result Mr Saipe’s application was withdrawn by leave. However, it was accepted that the affidavit evidence filed by Mr Saipe in connection with his s 219 application would be considered for the purposes of the strike out application. Indisputable facts [5] Mr Saipe was employed by Ms Bethell as an administrator, commencing...