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1. 2021-01-26 Minute - PC8 - Willowridge-Development Ltd Party Notice.pdf [pdf, 122 KB]

   ...[7] Any party opposing the s 281 application or opposing Willowridge’s standing to join the proceeding under s 247(1)(d) will be directed to file a memorandum with the court. [8] Directions will also be made providing an opportunity to file affidavit evidence in support (or opposition). Counsel to assist the court [9] It is likely that the court will appoint a Barrister as Special Advisor to the court. If it does, directions will be made that he/she files submissions in adva...

2. [2022] NZEnvC 123 Federated Farmers of New Zealand v Dunedin City Council [pdf, 217 KB]

   ...number 165) on the definition of farming in the proposed Second Generation District Plan (‘2GP’). [2] I have read and considered the consent memorandum of the parties dated 7 June 2022, the memorandum of counsel dated 30 June 2022 and the affidavit of Katie Emma Sunley James affirmed 30 June 2022. [3] The court will only make orders if it is satisfied it is appropriate to do so and where there is no relationship between the provisions proposed to be amended by consent order...

3. Form 49 Application for Charging Order [docx, 56 KB]

   ...due or accruing due to the judgment debtor. An interim charging order, once issued, may be made final by making an application in form 55. An application for an interim charging order or final charging order over land must be accompanied by: · an affidavit in form 50 · draft charging orders in either form 51 or 52 (depending on the property being charged). How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to...

4. [2008] NZEmpC AC 18/08 Nelson v Fletcher Steel Ltd [pdf, 31 KB]

   ...apparently after some informal attempts had been made by Mr Nelson to do so. It seems that by this stage Mr Nutsford was not representing Mr Nelson and the plaintiff was acting for himself. As was appropriate, Mr Nelson also filed an affidavit setting out his reasons for leave and a draft amended statement of claim. [11] Even allowing for the fact that the affidavit was prepared by Mr Nelson as a clearly dissatisfied litigant in person, it is difficult to see how some of...

5. [2009] NZEmpC CC 6/09 Gamble v AgResearch Ltd [pdf, 32 KB]

   ...a basis similar to that appropriate to an application to strike out proceedings. I have assumed that allegations of fact made in the statement of claim are susceptible of proof and I have also had regard to the evidence contained in affidavits which were filed. There were two such affidavits: one by Mrs Gamble herself, the other by Ms Dunster on behalf of AgResearch. Neither deponent was cross-examined which was understandable as there were essentially no conflicts betw...

6. [2012] NZEmpC 44 Lyttelton Port Co Ltd v Maritime Union of NZ [pdf, 74 KB]

   ...although in argument that was adopted by Mr Davenport, submitted that LPCL is unable to identify any contractual position which requires their employees to work in relation to a vessel that has been loaded elsewhere by non-union labour. Although an affidavit has been filed late this afternoon in support of that contention, analysis of that affidavit of Mr Les Wells discloses that it really consists of a statement of what he, as an official of MUNZ in Christchurch, might wish the la...

7. [2013] NZEmpC 168 Snowdon v Radio New Zealand Ltd [pdf, 75 KB]

   ...with this application, “so close to the substantive hearing”. Grounds for application [4] The grounds in support of the application have been fully set out in Mr Carruthers’ memorandum dated 30 August 2013 and reliance is also made on an affidavit from Mr Garry Simpson, an expert auditor, dated 28 August 2013. Mr Simpson deposed that it was apparent to him from his examination of the experts’ financial analysis that the conclusions reached by the experts for each party in...

8. [2013] NZEmpC 194 Harris v TSNZ Pulp & Paper Maintenance Ltd [pdf, 76 KB]

   ...presentation or presentations at which he spoke and on the subject of what may or may not have been said by Mr Webster on those occasions about the prospective employment by the defendant of the plaintiff and his colleagues. [24] Mr Webster has filed an affidavit in which he sets out the evidence that he intends to give. I should not be taken to accept the admissibility of all of that intended evidence. For example, Mr Webster’s statements about what he understood the phrase ...

9. [2016] NZEmpC 81 Eden Group Ltd v Jackson [pdf, 103 KB]

   ...items or categories of items to themselves or another from the custody of Eden Group’s lawyers. [6] The first item is that listed as “(j)” in the first line of [10] of the Court’s second judgment of 10 June 2016 and also in para 46 of the affidavit/report of Jody Foster, the independent lawyer, sworn on 26 May 2016. [7] What I will call item 46(j) is a building consent folder for work undertaken for a customer, initially of Sector One and subsequently of New Space Ltd (New...

10. [2012] NZCA 285 CA247/2012 New Zealand Cards Ltd v Ramsay [pdf, 96 KB]

    ...representation is determined. Leave is reserved to Mr Ramsay to apply for appropriate orders. (d) The application for a stay of execution is adjourned for further consideration on the following conditions: (i) The applicant is to file and serve an affidavit as to its ability to pay the judgment or to provide security for it within 14 days of the date of this judgment, along with any submissions supporting the application for stay. (ii) The respondent is to file and serve within...