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1. Langhorne v Accident Compensation Corporation [2010] NZACA 11 [pdf, 326 KB]

   ...simply ignoring her requests to cooperate with the proposed late filing. [28] Moreover, ACC had ample proof, through the appellant’s ongoing case management, of her incapacity in terms of both the ability to appeal within time and to swear an affidavit in support of her application and ACC’s insistence upon a supporting affidavit as to her circumstances before it would consider consenting to the late application to appeal was gratuitous and oppressive. [29] Moreover, ACC had b...

2. Jones v Registrar of REAA [2019] NZREADT 27 (28 June 2019) [pdf, 225 KB]

   ...1994. I will post submissions and supporting documentation to the [Real Estate Agents Authority] tomorrow. [4] Under cover of a letter from his counsel, Mr Eaton QC, dated 5 March 2019, Mr Jones submitted the following to the Registrar: [a] An affidavit sworn on 5 March 2019, in which he stated that he was currently serving a sentence of six months’ home detention following his plea of guilty to seven representative charges of tax offending. He included copies of the prosecu...

3. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...practitioners and costs of his medication. • Expenses of psychiatric and psychological counselling. • Other costs to be quantified at trial. The application [21] As part of the objection to the application, the plaintiff’s solicitor filed an affidavit which annexes a number of documents which have been released to the plaintiff by the Health and Disability Commissioner in August 2007 following applications under the Official Information Act 1982 and the Privacy Act 1993,...

4. [2010] NZEmpC 30 Minhinnick V NZ Steel Ltd [pdf, 53 KB]

   ...include generous payment to staff rostered under the agreement in return for which the company expects compliance in a situation where production is to be maximised to meet demand and procure profits. [8] Mr Minhinnick stated in his affidavit sworn 1 March 2010 that on 25 January 2008 he had checked the roster but misread it. Apparently he was not wearing his reading glasses at the time. He believed that he was on night shift cover the nights of Friday, 25 January 2008...

5. Waikato Bay of Plenty Standards Committee v Fletcher [2013] NZLCDT 16 [pdf, 132 KB]

   ...support in the record. Its liability findings on charges 4 and 7 alone compel the conclusion that the Tribunal was right to strike Mr Dorbu off. His dishonesty was wilful and calculated. It extended to not one but two attempts to mislead the Court in affidavits.” (emphasis added) [29] The distinguishing feature in this case is that the Higher Courts have stopped short of categorising Mr Fletcher’s dishonesty as “wilful and calculated” and there is certainly no evidence of f...

6. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

   ...3 Letter from Brendan Wall, Sanford Partners (solicitor for appellants) to Christopher Finlayson (Minister for Treaty of Waitangi Negotiaions) regarding Te Ngae Farm Trust (21 May 2012) (spelling as per the letter), annexure F of Affidavit of Hiwinui Heke; see also Affidavit of Aramakaraka Pirika, Hiwinui Heke, Pirihira Christine Fenwick and Wharangi Waetford (28 October 2010) (annexure A-N), annexure E of Affidavit of Hiwinui Heke at [21]. 2013 Māori Appellate Court...

7. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...that they did not consider their client would be liable for the costs of the substituted service or formal proof, given that in their view, both were unnecessary. [14] On 10 March, being the date of the next hearing, a Notice of Opposition and affidavit were served by fax at Mr JG’s office. This resulted in a further adjournment of the matter to 21 April for a defended hearing. [15] With a Notice of Opposition having been filed, it was necessary for the Body Corporate to pr...

8. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

   ...that you use is on Aroha's section. As from the 25th March it will be fenced off, you will then have to find alternative way into that section which was supposed to be Te Manu's. No longer exists under the original agreement. I also have affidavits and witnesses to the promise that you made you have not kept your word which is typical. Number 4. As to the house which was supposed to be Manu's as you had promised and agreed before the house was built or even thought of. A...

9. [2019] NZEmpC 22 Zhang v Telco Asset Management Ltd [pdf, 319 KB]

   ...leave to extend time. [21] There was a response to each email by two members of the Registry. The first response explained that if the time for filing a challenge had expired, an application for leave to file a challenge out of time with an affidavit in support, a draft statement of claim and a copy of the Authority’s determination would be required. If the time for filing the challenge had not expired, then Mr Zhang would need to file a statement of claim, and the determin...

10. LCRO 68/2016 ZA v YB (23 May 2019) [pdf, 202 KB]

    ...considered on review. [30] The Minute from the High Court raised 13 matters that arose from the documentation Mr YB had prepared. [31] In response to this aspect of Mrs ZA’s complaint Mr YB advised the Standards Committee that:14 WD’s Affidavit was rejected by the High Court as the same had not been witnessed properly by a Solicitor in Australia. This had nothing to do with me failing to complete it in a proper manner. 13 D...