Search Results

1. [2018] NZEmpC 142 Noble v Ballooning Canterbury.com Ltd [pdf, 220 KB]

   ...reserving costs on applications for security for costs. [6] Mr Noble says that the only discernible reason for fixing costs now, other than the fact that costs normally follow the outcome, is that the Court had been swayed by the content of an affidavit that appeared to indicate that BCL is “somewhat impecunious”. [7] In support of his claim that the Employment Court’s usual practice was to reserve costs Mr Noble pointed to other decisions on applications for security for c...

2. [2021] NZEmpC 2 Talent Propeller Ltd v UXK [pdf, 174 KB]

   ...It was agreed that counsel would confer, but no agreement as to the way forward proved possible. A draft cross-challenge, along with an application for leave, was filed on 23 September 2020. [4] The application for leave is supported by an affidavit sworn by the defendant. The defendant confirms that there were some delays in processing their application for legal aid and says that while they were able to file a statement of defence within time, they were unable to file a cros...

3. [2020] NZEmpC 103 Ashby v NIWA Vessel Management Ltd [pdf, 173 KB]

   ...Ashby’s then lawyer was unwilling to file a challenge to the determination. [4] Ms Ashby initially acted for herself in the Court but now has engaged Mr Halse of CultureSafe Ltd to represent her in the Court. [5] Ms Ashby has filed three affidavits in support of her application. She gives evidence regarding her mother’s illness and her own stress in dealing with that illness. Ms Ashby’s mother was admitted to hospital on 20 October 2019. Ms Ashby says her...

4. [2019] NZEmpC 170 Shalini Ltd v A Labour Inspector [pdf, 137 KB]

   ...effect on the employees involved. While 50 per cent of the penalties levied was to be paid to the Crown, the other 50 per cent was to be divided equally between the affected employees. [8] The application for stay of execution is supported by affidavits in support and reply from Venu Mohan Reddy Beerapu, who is the sole director and shareholder of Shalini. The notice of opposition is supported by an affidavit from Maria Anne Jordan, a Labour Inspector. The Labour Inspector requ...

5. [2022] NZEmpC 24 Drivesure Ltd v McQuillan [pdf, 180 KB]

   ...ERNZ 103 (EmpC) at [8]. Reason for the delay [6] The delay was occasioned by an oversight by the lawyer who had carriage of the file at the time. Responsibility for the delay is accepted, and the reasons for it are fully set out in an affidavit filed in support of the application, setting out the difficulties they were confronting at the time, attempting to work from home during lockdown and having regard to a significant pressure of work. Steps were taken promptly to ad...

6. LL v BT [2022] NZDT (24 March 2022) [pdf, 203 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. CZ v DU [2022] NZDT 23 (2 March 2022) [pdf, 202 KB]

   ...filing fee for an appeal. You can only appeal outside 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 determination...

8. [2021] NZEmpC 128 Kumar v New Zealand Post Ltd [pdf, 183 KB]

   ...have at any time been in the possession, custody or control of the plaintiff and if such a document or class of documents is no longer in the plaintiff’s possession, custody or control, when it was parted with and what has become of it. The affidavit or affirmation is to be filed and served by midday Monday 16 August 2021. Leave for an extension of time for New Zealand Post to file further evidence [10] I considered it appropriate, in light of the orders I made in terms of verif...

9. TS v IS [2022] NZDT 65 (31 May 2022) [pdf, 194 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...

10. [2022] NZENVC 168 Fonterra Ltd v Dunedin City Council [pdf, 354 KB]

    ...acoustic insulation, management of noise and setbacks at the Fonterra site in Mosgiel in the proposed Second Generation District Plan (‘2GP’). [2] I have read and considered the consent memorandum of the parties dated 11 August 2022 and the affidavit of Peter Benjamin Rawson affirmed on 19 August 2022. [3] The memorandum of the parties summarises the agreement reached between the parties as follows: (a) amend the 2GP Planning Maps to add a mapped area called the ‘Font...