Search Results

1. LCRO 100/2019 & 168/2019 Company A Limited v WC and VB (30 April 2020) [pdf, 143 KB]

   ...through the retainer Mr VB had provided him with a considered view that, for the work he had done to date and a half-day hearing in [City A], his fees “would be “no more than $11,000”. [23] Mr TG says there were no substantial changes to his affidavit, preparing and amending his evidence was just part of the process of defending the application for summary judgment, and he gave no instructions to prepare a claim in deception. Mr TG denies he was familiar with civil litigati...

2. [2023] NZEnvC 279 Trustees of Spruce Grove Trust v Queenstown Lakes District Council [pdf, 419 KB]

   ...ways by our Topic 30 decisions. Evidence [25] Our evaluation is by reference to both the agreement reached between the parties and the evidence before the court from the following witnesses (including in written statements, oral testimony13 and affidavit evidence filed following the adjournment): Client/other Landscape Planning SGT/BT Alastair Spary, John McCartney Tony Milne Amanda Leith QLDC Bridget Gilbert Marcus Langman Millbrook Country Club Bernard O’Malley James...

3. Director of Human Rights Proceedings v Netsafe Inc [2022] NZHRRT 15 (Removal of Certain Redactions After Appeal Period) [pdf, 511 KB]

   ...orders cancelling or otherwise discharging the interim orders (and certain costs orders). In addition, permanent suppression orders were made in respect of the names of all parties and the evidence given in the HDCA Court proceeding (both by way of affidavit and viva voce). [18] The effect of those orders is to limit evidence that can be referred to in the public version of this decision, given the overlap between certain evidence before this Tribunal and that which was in evidence be...

4. Copyright Licensing Limited v Universities of NZ [2013] NZCOP 18 [pdf, 213 KB]

   ...[3] The Application was heard as an interlocutory matter by myself, sitting alone as Deputy Chairperson of the Tribunal, under s 213(2) of the Act. Background [4] The following summary of the events leading up to the Reference is taken from affidavits filed in support of the Application by Mr Wills, an executive officer at the University of Auckland, and in opposition by Ms Paula Browning, CLL’s chief executive. [5] The Applicant is a not-for-profit copyright licensing body, w...

5. [2012] NZEmpC 128 Mana Coach Services Ltd v New Zealand Tramways & Public Passenger Transport Employees Union Inc [pdf, 88 KB]

   ...reasons of unavailability of counsel, allocated a hearing of these before the Court on Thursday 30 August 2012. [26] It was not until 30 May 2012 that the application for rehearing was filed by the plaintiff. This was accompanied by a brief affidavit by the plaintiff’s human resources manager. This set out his understanding of the issues remitted to the Court and identified another issue that the deponent said had not been decided in the Court’s judgment 3 of 26 September 2...

6. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...the Authority for payment of costs, and nor was there any express requirement that the amount be paid in a lump sum. These are matters that the plaintiff seeks to make something of, and which are dealt with below. [3] It is apparent from the affidavit evidence filed in these proceedings that, despite a request that payment be made, the plaintiff failed to do so. The defendant then filed an application with the Authority for a compliance order, pursuant to s 137 of the Employmen...

7. [2014] NZEmpC 62 Casey v Sensi Merivale Limited [pdf, 107 KB]

   ...daily rate frequently applied by the Authority of $3,500 for each day of a case’s investigation meeting. 9 Although the Authority’s investigation meeting may have occupied less than two hours, the evidence before the Authority was all on affidavits and it appears that there was little, if any, further questioning of witnesses by the Authority Member or cross-examination of them. [17] An investigation meeting in which the evidence was examined by the Authority in its more usual...

8. [2014] NZEmpC 77 Rodkiss v Carter Holt Harvey Limited [pdf, 106 KB]

   ...having regard to s 148 of the Act. It accordingly submits that the first three sentences are admissible as is the final sentence but the balance of the paragraph would be inadmissible. [5] The plaintiff has filed a notice of opposition and an affidavit which provides evidence describing the background to the mediation. The plaintiff’s evidence is that the mediation commenced at 2.00 pm and that by 4.30 pm he concluded the mediation was unsuccessful. It had not resolved the dis...

9. CAC20002 v Daji [2015] NZREADT 14 [pdf, 140 KB]

   ...Act which requires that such notice be given within 10 days after the change. Also the defendant intended and expected to be remunerated from commission paid by the said vendors of 64 Taniwha Street, Glen Innes, and rather fudged that in her said affidavit to the High Court, but in the context we covered above. However, we find nothing wilful, reckless, seriously negligent, or disgraceful in her said conduct.” [3] We went on to say that “our current view is that the defendant be fi...

10. [2017] NZEmpC 144 CE of Social Development v Tuilaepa [pdf, 482 KB]

    ...made for costs in either the Court or the Authority; that there should be no allowance for second counsel and the Court should take into account both a Calderbank offer by Mr Tuilaepa and his financial circumstances. [26] Mr Tuilaepa swore an affidavit about his financial circumstances and ability to pay. Preliminary assessment [27] Before considering Mr Macdonald’s submissions it is necessary to assess the appropriateness of the claim made by the Chief Executive. [...