Search Results

1. [2012] NZEmpC 76 N Ltd v O [pdf, 121 KB]

   ...plaintiff’s challenge was urgent and counsel agreed that it would take a half day to be heard and the hearing was to commence at 10 am on Thursday 3 May 2012. It was agreed by counsel that the evidence for the challenge would be restricted to the affidavit evidence that was before the Authority. A timetable for the exchange of submissions was agreed upon. It was also agreed that the interim application for stay would be determined by the Court on the papers already filed. [6...

2. Wang v Registrar of the REAA [2015] NZREADT 52 [pdf, 182 KB]

   ...a succinct response to my concern within the next three weeks.” [19] Mr Wang did not respond to that Memorandum but Mr Hodge, very helpfully, filed further submissions dated 17 June 2015 related to our Chairperson’s concerns together with an affidavit of Ms Vivienne Stanley, Senior Licensing Advisor – Continuing Education, for the Authority. She exhibited copies of the documents relevant to the process by which Mr Wang’s licence was cancelled. In those submissions of 17 June 2...

3. BM v YI LCRO 124 / 2010 (7 April 2011) [pdf, 96 KB]

   ...appeal” were not incorporated in any way into the case before the Court. The complaint [7] The Applicant lodged a complaint with the Complaints Service of the New Zealand Law Society on 11 January 2010. Attached to his complaint was a 65-page affidavit which he had prepared to support his appeal. He also provided an abbreviated version which had been sworn to support an application to stay or suspend the judgment. [8] The Applicant alleges that the Respondent engaged in delibe...

4. Apostolakis v Gilbert (Late Interlocutory Applications) [2017] NZHRRT 54 [pdf, 238 KB]

   ...applications. On that ground alone the applications must be dismissed. 3 Applications unsupported by evidence [10] A second ground for dismissing the applications (and which applies to all three matters) is that there is no supporting affidavit in support with the result the many assertions made by Mrs Apostolakis (including that of criminal offending by Mr Gilbert and of fraud on his part) are entirely unsupported. [11] We now briefly address each application in turn. A...

5. Norman v The Committee of Management of Muriwhenua Inc – Muriwhenua Inc (1993) 3 Taitokerau Appellate MB 58 (3 APWH 58) [pdf, 240 KB]

   ...was an alienation which needed af Iirrna t ion by an annual general meeting end; that no inconvenience would be caused by delaying the decision to assign until all committee members were aware of the proposals and shareholders had confirmed it. An affidavit of the appellant was filed. This alleged there were considerable and substantial breaches of the lease; failure to notify committee members of meeting dates or rescheduling those meetings to allow full attendance; failure to consider o...

6. [2016] NZEmpC 88 TD Drilling 2014 Ltd v Crichton [pdf, 162 KB]

   ...to the Registrar of the Court to be held in an interest-bearing account until disbursed by order of the Court. [7] On 6 May 2016, the plaintiffs took two steps to rectify the deficiencies in their application. The first step was filing an affidavit by Ms Sarah Tweeddale in support of the application. The second was a voluntary payment of the whole amount of the determination to the Registrar of this Court. [8] Ms Tweeddale’s affidavit provides evidence that is likely to be...

7. National Standards Committee v Denham [2017] NZLCDT 30 [pdf, 180 KB]

   ...the test for strike-off for misconduct, he pointed out that “lack of insight and remorse, or recognition of fault and resolution to change are relevant”. Mr Pyke submitted that Ms Denham had demonstrated some insight in her recently filed affidavit. He submitted that whilst “the Tribunal has taken a critical view of aspects of Ms Denham’s conduct”, a suspension and censure would serve the statutory purposes. [17] Mr Pyke reminded the Tribunal that penalty must be “prop...

8. Lamberth - Heru Te Kaumaiwa Manning Whānau Trust [2014] Chief Judge's MB 365 (2014 CJ 365) [pdf, 314 KB]

   ...of justice such that a rehearing is justified. However, I now make some comments on whether I consider that the second part of the test has been met. [16] The reason given by the applicant for seeking a rehearing was that I had not considered affidavits submitted in suppoli. The applicant in her letter of 17 July 2013 stated that it took a number of months to meet with the wider whiinau and put together the evidence that she wished to submit. The question then to be asked is whether...

9. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...imposed. The statements of claim in each challenge are largely repetitive, containing common pleadings, except in relation to the relief sought by them. [8] Mr Ge has applied to strike out both proceedings and has supported his application with an affidavit. Jurisdiction to strike out [9] The Court has jurisdiction to strike out all or part of a pleading.4 The criteria to apply are well known:5 (a) Pleaded facts, whether or not they are admitted, are assumed to be true. Th...

10. [2016] NZEmpC 160 Nathan v C3 Ltd [pdf, 100 KB]

    ...As is required by the Employment Relations Act 2000, s 215(2)(b). 7 Nathan v C3 Ltd [2016] NZEmpC 55. settled. Counsel have now respectively filed memoranda of submissions as to costs. In addition, Mr Nathan has sworn and filed an affidavit setting out his current financial position. [8] Costs are sought by the defendant against both Mr Nathan and his union, the Maritime Union of New Zealand (MUNZ). The claim is made on the basis that as the action was discontinued a...