Search Results

1. [2018] NZEmpC 80 Avondale College Board of Trustees v Maday [pdf, 246 KB]

   ...an application for a stay of proceedings, but the orders sought are in effect that there be a stay of execution relating to the sum of $50,000 to be paid to Mrs Maday, and that this sum be paid into Court until further order. [4] Comprehensive affidavits have been filed on behalf of the Board outlining the grounds upon which the stay is sought. In summary, it is asserted that: a) there would be no prejudice to Mrs Maday if the order of stay were granted, but prejudice to the Board...

2. [2020] NZEnvC 128 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters [pdf, 336 KB]

   ...application for waiver [5] On 14 August 2020 the Minister for the Environment filed: (a) s 274 notice: (b) an application for a waiver of time to join the proceedings; (c) a memorandum in support of the application for waiver; and (d) an affidavit of Shaun Gregory Lewis affirmed 14 August 2020. [6] The Ministry for the Environment is party to the existing contractual arrangements for funding the removal of the aluminium dross by-product from sites in

3. 2022-02-25 Record of TC dated 24 February 2022 - PC1 - re Chapter 7 (Landfills) & scope issue [pdf, 175 KB]

   ...memorandum of counsel identifying any relief sought by Mr Cocks in his submission on PC1 that ORC contends is outside of scope of PC1 and not ‘on’ PC1 (including the reasons why ORC considers the relief is out of scope); as well as file any affidavits setting out the evidence basis for argument on the scope issues. Mr Cocks was then to file a memorandum advising the court and parties whether in light of the scope issue he intends to pursue his submission on PC1. [4] The appli...

4. [2021] NZEmpC 227 AlKazaz v Enterprise IT Ltd [pdf, 162 KB]

   ...16 December 2021 INTERLOCUTORY JUDGMENT (NO 6) OF JUDGE J C HOLDEN (Application to adduce further evidence during court proceedings) [1] Mr AlKazaz has applied for leave to extend the time for filing a challenge. He filed two affidavits in support of his application, one from himself and one from his wife, Nagham ElDemiri. Mr AlKazaz wishes to give oral evidence [2] Generally, applications for leave to extend time are dealt with on the papers. The Court has al...

5. 2022-01-20 Minute - PC1 - Chapter 7 (Landfills) [pdf, 176 KB]

   ...(i) a memorandum of counsel identifying any relief sought by Mr Cocks in his submission on PC1 that ORC contends is outside of scope of PC1 and not ‘on’ PC1 (including the reasons why ORC considers the relief is out of scope); and (ii) any affidavits setting out the evidence basis for argument on the scope issues identified in para (a)(i); (b) by Friday 18 February 2022 Mr Cocks is to file a memorandum advising the court and parties whether he disputes the scope issue and wh...

6. [2021] NZEmpC 116 McKay v Wanaka Pharmacy Ltd [pdf, 168 KB]

   ...calculates that Ms McKay should be awarded $16,969, along with reimbursement of the filing fee of $306. This figure accounts for the commencement of the proceedings, preparation for and attendance at a directions conference, preparation of an affidavit, and the filing of written submissions. Mr Towner has certified that this figure does not exceed the actual costs incurred by Ms McKay for his services. [6] Mr McKenzie, counsel for the companies, claims that a costs award on that...

7. LA Children's Workers exemption appeals Fee Schedule updated 29 Sep 22 [pdf, 223 KB]

   ...communication and/ or comprehension Note: Fee can only be claimed once per stage per case. Defended Hearing(s) Activity Fees Tasks Complying with Judge’s directions $190 For • complying with directions from the Judge, such as updating affidavits • reporting to client Defended hearing(s) – - preparation* $160 per anticipated hour of hearing time For • reviewing file • preparing for defended hearing – cross examination, briefing witnesses, submiss...

8. [2022] NZEmpC 179 Sky Stone Consulting Ltd v Xu [pdf, 174 KB]

   ...carrying out this exercise, the Court will generally consider factors such as the interests of the parties, the merits of the case, whether any impecuniosity results from the defendant’s actions, and any delay.5 [4] Mr Xu has affirmed a detailed affidavit which includes his understanding of the company’s financial position. That understanding is supported by various documents exhibited to the affidavit. I am satisfied that the threshold for making an order has been met – t...

9. [2022] NZEnvC 251 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 149 KB]

   ...adjournment on the grounds that it is still in the process of appointing legal counsel. Poutama maintains that the works are not urgent. It further claims that a strike out proceeding will normally include timetabling for a notice of opposition, affidavit evidence, and legal submissions, followed by a hearing of the strike out application before the substantive hearing takes place. Poutama says that it will address these matters once it has appointed legal counsel. [5] First Gas...

10. Rudolph v Bond - Taheke Papakainga 8B (2023) 292 Waiariki MB 159 (292 WAR 159) [pdf, 199 KB]

    ...the Court requires a plan of the area which shows how the area will be divided between the two parties. The applicants are to submit one plan showing the area each is to occupy. The response of Olga Rudolph [2] Olga submitted an affidavit. [3] The affidavit noted that Olga refuses to move from where she is situated. She submitted that it was unfair that her and her daughter Anthea be required to share the property as they are competing for the same area, and bot...