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1. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

   ...errors in the Authority’s reasoning, and that the sum of $10,000 should be paid to him, together with interest on that amount. Procedural matters [4] As in the Authority, NZCL has taken no steps with regard to the present challenge. An affidavit of service of the statement of claim has been placed before the Court, confirming that the company was served on 16 May 2018. No statement of defence was filed within the time limit provided for in the Employment Court Regulations...

2. Hines v Attorney-General (Application to Remove Proceedings to High Court) [2018] NZHRRT 26 [pdf, 256 KB]

   ...be taken into account by the Tribunal in determining the proceedings. That application was granted in Hines v Attorney-General (Application by Non-Party to be Heard) [2017] NZHRRT 9 (29 March 2017). [16] On 18 April 2017 the plaintiffs filed an affidavit by Ms Jacob sworn on 7 April 2017. This was followed by the filing on 3 May 2017 of an affidavit by Mr Hines sworn on 21 April 2017. [17] By email dated 9 August 2017 the solicitor for the plaintiffs made inquiry as to when a case m...

3. LCRO 71/2016 ZB v YA (23 August 2018) [pdf, 230 KB]

   ...remove themselves once the actual activity was discovered, rather than simply resigning his responsibilities in the lessee company and walking away. [9] Mr ZB attached various documents to his complaint, including a statement of claim and supporting affidavit filed in a High Court proceeding seeking an injunction restraining the defendants, which included Mr YA and the company, from operating a [GH 3 business] or any other [GH business]-related activity from the apartment, and co...

4. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...approximately $100,000. Keld is the executor and trustee of the estate. [2] Keld’s brother, Tom Hunia, has commenced proceedings in the Family Court at Papakura challenging the Will of their late mother. Keld has submitted in evidence an affidavit from those proceedings to set out the background to the current application before this Court.1 [3] In addition, Keld seeks orders on an interim basis concerning Rangitāiki 60B4B2B – that the income from this land, wholly or in pa...

5. [2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd [pdf, 218 KB]

   ...Ms Rawson and on the company.4 [12] This case was set down for a hearing, on a formal proof basis, on 19 December 2019. It did not proceed that day, because Phoenix Publishing made a very late application for leave to defend it supported by affidavits claiming the company had not been served. It was, therefore, necessary to adjourn to provide the company with an opportunity to progress its application for leave to defend. The company was

6. [2022] NZEnvC 048 Grandview 2011 Limited v Dunedin City Council [pdf, 2.6 MB]

   ...Value"; (d) applying a new "structure plan mapped area" over 235 Signal Hill Road and the inclusion of associated performance standards, assessment guidance and policy in Section 17 Rural Residential Zones. [4] I have also read the affidavits of Ms Macleod1 and Mr Ewans2 who have satisfied me that the amendments sought to resolve these appeals on this topic are appropriate. [SJ I have also considered the relationship between this appeal and that of Michael Ovens....

7. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

   ...sufficient evidence, bearing in mind the early stage at which the application is likely to be brought.2 [16] Given that this application has been made without notice it relies on the yet to be tested evidence provided by the applicants in their affidavits. [17] There are common themes running through each affidavit. Mr and Mrs Kingipotiki began working for the Trust in 2013. Mr Collins and Ms Potroz began working for the Trust in 2014. They were not provided with written empl...

8. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

   ...for applicant Judgment: 22 December 2021 JUDGMENT OF JUDGE B A CORKILL Introduction [1] This judgment resolves an application for a without notice freezing order and ancillary order. [2] The application is supported by affidavit evidence which I will summarise shortly. Also filed was a memorandum of counsel explaining the basis of the application, and a draft order. The application has, in the circumstances disclosed, been dealt with urgently; tho...

9. [2022] NZACC 63 - Fraser v ACC (14 April 2022) [pdf, 180 KB]

   ...Judge Henare issued a teleconference Minute which noted that both appeals had been filed substantially out of time. Judge Henare referred to the Practice Guidelines requiring the filing of an application for leave to extend time and evidence by affidavit setting out the facts in support of the 3 application. Judge Henare directed that Ms Koloni, by 7 January 2022, file an application for leave to extend time for the two appeals together, with supporting evidence. [5] On 7...

10. Macdonald v Accident Compensation Corporation (Costs on Recall Application) [2024] NZACC 49 [pdf, 199 KB]

    ...substantially higher level is likely warranted, ACC seeks an award by way of Category 1A costs on this application as follows: 9.11 Preparing and filing opposition to interlocutory application (excluding summary judgment application and supporting affidavits) 0.25 9.12 Preparing written submissions 0.5 20. Other steps in the proceeding not specifically mentioned – as allowed by the Court (by analogy to 9.8 in respect of “unpublishing”) 0.2 [22] It is noted that the claim...