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1. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...However, counsel for the Corporation was obliged to file a unilateral memorandum of counsel dated 6 July 2022. A memorandum was then filed by Ms Koloni dated 14 July 2022 indicating that, although the issue was one of costs, new evidence, including affidavits, was proposed to be called. (c) By email dated 11 August 2022, an affidavit of the appellant was filed, and this document appeared to be irregular and of no apparent relevance. (d) By Minute dated 25 August 2022, the Court d...

2. TD v Q Ltd [2024] NZDT 761 (31 October 2024) [pdf, 202 KB]

   ...attached a single photograph that did not provide any supporting evidence of illegal parking. She believed that the breach notice was a scam. 7. On 17 July, TD responded that she had no contract with Q Ltd and no liability to pay. She requested an affidavit including the contract with the property owner and details of the time, date, and place of the incident. She said she had no legal duty to disclose the name of the driver but that she would reassess the situation once the reques...

3. [2023] NZEmpC 211 ELG v KLE [pdf, 185 KB]

   ...pt 33. (b) 6.1(e) about proposed restrictions on when and how KLE may seek to obtain advice by being in the presence of the supervising solicitor when doing so, for the same reasons as in (a). (c) C.2 (and following) requiring KLE to swear an affidavit setting out certain information about his knowledge of the removal of the ELG property specifying in some detail what must be addressed by him; as I discussed with Mr Sumpter my concern is that pt 33 may not be intended t...

4. [2011] NZEmpC 12 Unite Union Inc and Sherman v SkyCity Auckland Ltd [pdf, 205 KB]

   ...applied to the law to ascertain whether or not the defendant‟s actions, or threatened actions, amounted to an unlawful lockout. [3] The Chief Judge, in a minute following a telephone conference callover held on 3 February 2011, determined that affidavit evidence would be the basis of the substantive hearing and if any deponent was required for cross-examination, notice of that intention should be given and copied to the Court as soon as possible. In the event Ms White, counse...

5. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

   ...including a claim for “preparation of callover memorandum” when in fact no such memorandum had been prepared by Mr Comeskey or anyone else in his office. There was no evidence confirming the 15 hours’ preparation by Mr Comeskey. Indeed an affidavit was received from Mr Duff, the counsel to whom the file was referred, which confirmed that there was no evidence of time recording on the file, nor any evidence of the preparation of documents by Mr Comeskey or any member of his s...

6. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...application filed by the West Coast District Health Board (WCDHB) which, until the Tribunal’s decision in Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 (17 August 2016) was the second defendant. There is no statement or affidavit by Mr Fehling setting out the facts as asserted by him against the Ministry (and on which he could be cross-examined) together with the supporting documentation. By contrast the Ministry filed two affidavits (by Mr PB Knipe an...

7. [2019] NZEnvC 034 Remarkables Park Limited v Queenstown Airport Corporation Limited [pdf, 392 KB]

   ...discussion document entitled "Master Plan Options: Let's start talking about tomorrow", will be progressed43 Indeed, the designation confirmed by the Environment Court is the 3. RPL, submissions at [114J. 37 Transcript (Casey) at 97. 3. Affidavit of R C Keel at [36J. 39 Transcript (Casey) at 80 . • 0 Transcript (Casey) at 80 . • , QAC, reply at [3.5J . 2 Options 2 and 3. 3 Transcript (Casey) at 98. 8 only option that QAC can progress44 [24J QAC says...

8. Criminal-Fixed-Fee-schedules-2018-Final-3.pdf [pdf, 440 KB]

   ...briefing (verbal or written) specialists or experts • obtaining and reviewing any reports • any agent fees • reporting to client. $250 For: • taking instructions, attending the client • preparing sentencing submissions and affidavits – - under Sentencing Practice Note 2003 - in support of an application made under, for example, sections 81 or 94 of the Land Transport Act 1998, or under section 106 of the Sentencing Act 2002 • any agent fees •...

9. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

   ...and imposed orders. Background Mr CT [2] Mr CT is single and has no children of his own. Mr MQ advises that he and his mother lived with Mr CT for a time as a family. Mr WU says that Mr MQ could be regarded as Mr CT’s stepson.1 1 WU affidavit (8 June 2020) at [8]. 2 [3] Mr CT has had a history of mental illness and “understood that mental health was a feature of his life”.2 [4] Mr MQ describes Mr CT’s mental health issues as being ‘episodic’3 but by t...

10. LCRO 200/2020 SK and WP v AQ (27 October 2023) [pdf, 292 KB]

    ...applications comprise approximately four typewritten pages and the affidavit in support is 40 paragraphs over nine typewritten pages traversing the history of a 10-year relationship. (The applicants referred in evidence to the preparation of two affidavits but there is no separate affidavit on file in support of the parenting order application). [104] The work involved in generating these documents appears to have involved face-to-face meetings resulting in extensive handwritten fi...