Search Results

1. [2007] NZEmpC AC 22/07 Khan v Khan [pdf, 34 KB]

   ...Herzog that I indicated that I would need to hear in respect of whether this matter could in any event now proceed in view of the complications from the delays, which have occurred and the bankruptcy of Mr Sher Khan. [9] Service was formalised and affidavits as to such service in compliance with my directions have been filed. [10] Today, the application to strike out has been set down and Mr Ryken is appearing for Mr Mahmood Alam Khan. No steps of a formal nature whatsoever hav...

2. Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan 158328 (2015) 104 Taitokerau MB 130 (104 TTK 130) [pdf, 176 KB]

   ...[13] Costs normally follow the event. Although Mr Hettig was not represented by counsel in this case the proceeding was akin to civil litigation in the ordinary courts. An interlocutory application seeking urgent injunctive relief was filed. Affidavit evidence was also filed and legal submissions were made. Mr Hettig dogmatically argued his case to the end. The proceeding was therefore akin to normal civil litigation and there is no reason to depart from the ordinary approach th...

3. Auckland Standards Committee v Hong [2014] NZLCDT 41 [pdf, 110 KB]

   ...that he had attended two Webinars on Wednesday 25 June 2014 (not the seminars to which he had been directed). He also produced a receipt to confirm that he had made payments of his costs and fine on 12 June 2014. The Standards Committee filed an affidavit from Ms Pipe commenting on the timing of these responses, coming as they did one day after Mr Hong’s Attorney was contacted by the Society as to the period of suspension sought. [7] Mr Collins pointed to the fact that, in the...

4. Canterbury Westland Standards Committee v Lewis [2015] NZLCDT 18 [pdf, 252 KB]

   ...for the child both stated that they had not been consulted about the matter of the memorandum. They had neither agreed to, nor consented to the filing of the memorandum and had not been provided with a copy of it. [6] The respondent swore an affidavit in response to charge on 18 December 2014 in which she accepted: a. That she was counsel for the mother in the proceedings referred to. b. That the proceedings had been the subject of a hearing and that an interim judgment had be...

5. LCRO 55/2017 L DA and O DA v UE [pdf, 150 KB]

   ...concern that work supposed to take eight months to complete remained incomplete 14 months on; (d) denied the existence of any basis for allegations of harassment; (e) demanded the provision within 24 hours of “all signed, dated and witnessed affidavits by your clients, their builders, their contractors, their friends and their invitees that you have relied on to purportedly upgrade our communications with your clients to harassment of your clients”. [8] A subsequent 21 Decembe...

6. [2016] NZEmpC 98 Nisha Alim v LSG Sky Chef New Zealand Ltd [pdf, 144 KB]

   ...is explained in that judgment, for the purposes of an application which LSG has made for joinder of PRI for cost purposes. [2] There have been a number of very recent developments. As a result of the Court’s orders, PRI filed and served an affidavit of documents on 1 August 2016, and Ms Alim filed and served such an affidavit on 5 August 2016. LSG considers these affidavits to be deficient. [3] On 4 August 2016, Mr O’Brien, counsel to that point for Ms Alim, applied for le...

7. [2016] NZEnvC 255 Save Erskine College Trust v Erskine Development Limited (formerly known as A Good Day Out Charters Limited) [pdf, 292 KB]

   ...The Wellington Company Limited (TWC) applied to the Wellington City Council for resource consent under the Housing Accords and Special Housing Areas Act 2013 (HASHAA) to develop the site. The application for resource consents was exhibited to the affidavit of Ms MM Kennedy, the secretary of the Applicant. It provided for major subdivision and development, the construction of 96 residential units, complete demolition of the Main Block and permanent removal of some allegedly key herit...

8. Studer - Rangitaiki 28C2 (2007) 114 Whakatane MB 157 (114 WHK 157) [pdf, 323 KB]

   ...siblings. The applicant also says in his evidence that the land has been vilithin his family for well over a century, indeed, since the time before the confiscation of 1866. Applicant's case [5] The applicant provided the Court with two affidavits SW0111 on 20 March and 5 May 2006. In his first affidavit he says that he seeks a patiition and a status change of that area "for dwellings for myself and my family and to use the General land as security for the purpose of com...

9. [2019] NZEnvC 052 Tasman Distrct Council v Baigent [pdf, 628 KB]

   ...10 be delennined in accordance wilh para [46] of Ihe Interim Decision. ~\J 8 P Dwyer Environment Judge Upon reading the application of Tasman District Nelson (the Applicant) for enforcement orders against Mr Baigent (the Respondent), the affidavits of MrWR Galbraith, Mr J.JF Lurling on behalf of the Applicant and IVir and Mrs Fryer and the Respondent and having heard from Ms A Besier, counsel for the Applicant and IVir T Bennion, counsel for the Respondent at a hearing on 14...

10. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

    ...The first ground raised is that, following the judgment in the Court of Appeal, a Calderbank offer was made in a letter from Mr Brill’s then solicitors dated 26 September 2018. This was on the basis that Mr Brill was willing to provide a sworn affidavit setting out facts which would persuade the Labour Inspector that he was not liable. He also stated that he would agree to any reasonable confidentiality clause if so required in any settlement. He would also agree to the proceedin...