Search Results

1. [2021] NZEnvC 194 Hawke's Bay Regional Council v Lowe [pdf, 6.9 MB]

   ...Lowe (the respondents) in relation to property at 597 Waimarama Road, Havelock North (the property). The respondents are the directors of the company (Craggy Range Cottages Limited) that owns the property. The application was accompanied by an affidavit of Michael Charles \v'illcox. The respondents were served with a copy of the enforcement orders sought on 4 October 2021. The Council sought the orders to: 1. Require Douglas Lowe and Denise Mary Lowe to install sediment and er...

2. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...penalties on multiple grounds. Alliance contests liability for all these claims. Background to both applications [10] I have already issued two disclosure judgments in this proceeding. The first was in 2019, in which I directed Alliance to file an affidavit of documents.5 The second was in 2020, when I dealt with another application by Ms van Kleef for further and better disclosure, which was dismissed.6 [11] Then, on 23 June 2021, Ms van Kleef filed a further application for di...

3. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determin...

4. [2010] NZEmpC 110 Mana Coach Services Ltd v NZ Tramways & Public Passenger Transport Union and Ors [pdf, 14 KB]

   ...plaintiff Judgment: 19 August 2010 JUDGMENT OF JUDGE A A COUCH [1] The plaintiff has applied without notice for an interim injunction to restrain the defendants from striking or being party to a strike. [2] The evidence provided in the affidavit of Angela Jean Walker establishes: a) The plaintiff and the first defendant are currently engaged in negotiations for a collective agreement. b) The second defendants are members of the first defendant and would be...

5. [2008] NZEmpC WC 6/08 Crook v Sovereign Services Ltd [pdf, 15 KB]

   ...[4] In a memorandum to the Court, Ms Fleming has helpfully advised that under scale 2B of the High Court Rules the appropriate recovery usually would have amounted to $65,200. [5] Miss Buckett also filed a memorandum of costs accompanied by an affidavit of the plaintiff which updates the Court on her present personal and financial situation. [6] I accept Ms Fleming’s submission that this was a complex case. It required an unusual number of interlocutory applications to deal...

6. Kerr v Albert - Maketu A 102 (2012) 55 Waiariki MB 146 (55 WAR 146) [pdf, 74 KB]

   ...he lived on the land and improved it by building structures upon it over the last 14 years and with the acquiescence of the trustees. That that might give him some right. As I say, that, sort of approach, is foreshadowed in his application and affidavit but is not at all made out. In those circumstances, by the barest margin I am prepared to accept that it is possible that there is an arguable case and I therefore turn to the issue of the balance of convenience. [6] It is clear t...

7. [2014] NZEmpC 190 South Pacific Ltd v Tian [pdf, 52 KB]

   ...plaintiff was to strictly comply with all orders and directions of the Court made in the course of the proceedings and that, in default, the plaintiff’s challenge was liable to be struck out.3 Timetabling directions were also made for the filing of affidavit evidence. The plaintiff did not comply, though later sought (and obtained) an extension of time.4 Compliance orders were subsequently made against the plaintiff in the Authority, 5 but were not satisfied. [4] The defe...

8. Auckland Standards Committee v AC [2012] NZLCDT 10 [pdf, 21 KB]

   ...of interim suppression. (b) That such an order will not prejudice the interests of any person or the public interest. (c) That a final order would be rendered nugatory if an interim order was not granted. [3] The practitioner has filed an affidavit setting out the background to the charge, which involved an error on a solicitor’s certificate. Annexed to that affidavit she provides a medical report from a psychiatrist, Dr Mackay. That report discloses some serious concerns...

9. [2021] NZEmpC 10 Anderson v Righteous Law Ltd [pdf, 182 KB]

   ...Conduct and Client Care) Rules 2008 defines “good cause” as including the inability or failure of the client to pay a fee on the agreed basis, or in the absence of an agreed basis, a reasonable fee at the appropriate time. Mr Snedden, in his affidavit, deposed that counsel’s fees can no longer be met. It appears that Ms Anderson, having had legal aid withdrawn, unsuccessfully reviewed the decision and may now be intending to file an appeal (the timeframe for doing so has no...

10. [2020] NZEnvC 173 Wang v Auckland Council.pdf [pdf, 449 KB]

    ...appears that the notice may not have been served on Ms Wang until 25 September 2020. [2] Ms Wang lodged an appeal against the notice on 29 September 2020 together with an application for a stay of the abatement notice pending her appeal, and an affidavit in support of that application on 6 October 2020. In her affidavit Ms Wang sets out her reasons why compliance with the development control is not practicable, including the temporary nature of the fences around a site where buildin...