Search Results

1. [2022] NZEmpC 94 BD v FG [pdf, 175 KB]

   ...proceedings. What is very clear is that there is a potential claim squarely within the jurisdiction of the employment institutions. [5] A written and signed undertaking as to damages has been filed in support of the application, together with affidavit evidence of the applicant’s financial ability to meet an order for damages pursuant to the undertaking. The applicant has also filed, as required, a draft order which refers to the undertaking as to damages. Framework for analysi...

2. [2021] NZEnvC 145 Klass Waslander v Southland Regional Council [pdf, 197 KB]

   ...conference to better ascertain the parties’ position. [6] At the telephone conference I canvased that I required more information from the respondent as to why it is appropriate to cancel the Order. I directed the 4 respondent to file an affidavit with a brief memorandum to explain why it consents. [7] On 17 September 2021 the affidavit and memorandum were received. The memorandum advised that the Order was originally sought by the respondent because of its concerns with...

3. [2023] NZEmpC 8 Halse v Employment Relations Authority [pdf, 139 KB]

   ...been heard and is awaiting determination; and (c) the applicant’s application for a stay of the application for strike-out. [2] As noted previously, the Court has received an application for a stay from Mr Halse together with supporting affidavits in relation to these proceedings. It is submitted that the application is brought in order to prevent a further miscarriage of justice occurring pending the resolution of an appeal that is yet to be filed. [3] The first respondent...

4. [2023] NZEmpC 68 Vietnew Corp Ltd T/A Saigon Restaurant & Bar Palmy v Shand [pdf, 176 KB]

   ...[9] In his submissions for Vietnew, Mr McGuire, Vietnew’s solicitor, refers to the law on security for costs. There is no application here for an order for security for costs. [10] Mr Do, who is a director of Vietnew, has filed an affidavit in support of the application for a stay. In his affidavit, Mr Do confirms that the de novo challenge has been filed. He notes that, on 6 December 2022, Mr Shand served a statutory demand on Vietnew, which is currently the subject...

5. [2022] NZEnvC 166 Allen v Dunedin City Council [pdf, 474 KB]

   ...zoning of properties at 270 Blackhead Road and 261 Green Island Bush Road, Dunedin, in the proposed Second Generation District Plan (‘2GP’). [2] I have read and considered the consent memorandum of the parties dated 8 August 2022 and the affidavit of Katie Emma Sunley James affirmed on 25 August 2022. [3] The memorandum of the parties summarises the agreement reached between the parties as follows: (a) rezoning 270 Blackhead Road and the rural zoned part of 261 Green Is...

6. T Ltd v Q Ltd [2022] NZDT 93 (2 September 2022) [pdf, 197 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

7. SK v T Ltd [2023] NZDT 196 (12 May 2023) [pdf, 169 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determin...

8. NK v ND [2023] NZDT 754 (7 December 2023) [pdf, 183 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

9. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 17 (3 May 2023) [pdf, 100 KB]

   ...hearing. The order should be delayed for a short time to enable him to sort out his court obligations. The interim suspension order will take effect from 5pm on Wednesday 10 May provided that we are willing to review that in the light of any affidavit that Mr O'Connor provides to us by tomorrow night, such affidavit being the vehicle for setting out his upcoming court obligations in the near future and his reasons why those cannot be transferred to another practitioner. [12]...

10. BU v B Ltd [2024] NZDT 18 (30 January 2024) [pdf, 178 KB]

    ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...