Search Results

1. EH v C Ltd [2024] NZDT 599 (13 June 2024) [pdf, 174 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...

2. MD v UI [2023] NZDT 694 (21 December 2023) [pdf, 189 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...

3. Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225) [pdf, 209 KB]

   ...OT 12) 7 325 Aotea MB 213-241 (325 AOT 213-214) 8 323 Aotea MB 264 (323 AOT 264) 9 328 Aotea MB 141 (328 AOT 141) 328 Aotea MB 228 Should a rehearing be granted? Applicants’ submissions [10] The applicants filed a joint affidavit in support of their application for rehearing. The applicants state that they are both descendents of Kereni Wetini. Mr White is a nephew to Kereni Wetini and Mr Fisher is a son of Mura Rattenbury one of the successors to Keretini...

4. [2013] NZEmpC 212 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 64 KB]

   ...the Company would not be represented at the substantive hearing but wished to make submissions by way of memorandum. That permission was given by consent and a memorandum was duly filed very shortly before the hearing. [5] At the same time, an affidavit of the sole director of the Company, Susan Chapman, was also filed. At the hearing, Mr Moore did not object to this affidavit being read but submitted that it ought not to be given any significant weight because...

5. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...The plaintiff’s challenge related to some 322 disputed documents (approximately 2,600 pages). The defendant filed and served a notice of opposition dated 27 June 2014, objecting to disclosure of documents on the grounds of privilege. c) Affidavits were provided by each party to support their respective contentions. [7] Both parties submitted that the Court should inspect the disputed documents under reg 45(2) of the Regulations; to that end 12 Lever Arch files containing the...

6. Skipper v Skipper - Awanui Haparapara 9 Block (2017) 159 Waiariki MB 3 (159 WAR 3) [pdf, 239 KB]

   ...Skipper and Fiona Eru on 24 June 2016, in conjunction with an application for succession to John Skipper. Ms Eru subsequently advised the Court on 22 August 2016 that the house had burned down and was the subject of a police investigation. An affidavit of Ms Eru was filed with the Court on 1 September 2016. [10] The hearing was held on 6 September 2016. Subsequent to the hearing, Ms Insley filed further submissions by way of memorandum dated 29 September 2016. I directed that...

7. [2016] NZEmpC 145 S v I Ltd [pdf, 170 KB]

   ...(formerly L Ltd) [2016] NZEmpC 30 at [11]. v) Non-observance of [S’s] right to silence, non incrimination, privacy as to defence strategy, and the right to be considered … innocent. [11] Elaborating on some of these assertions in a recent affidavit, S says that the employer conducted a clandestine investigation in relation to the prosecution of the charges he faced – and still faces – in the District Court. He says that those secret communications and information w...

8. National Standards Committee 1 v Young [2020] NZLCDT 30 (25 September 2020) [pdf, 183 KB]

   ...aggravating features and shortcomings: • Mr Z was hampered by his lack of facility with the English language. This added to his lay difficulties in managing the complexities of legal and other documents. • Shortcomings in his method of providing affidavit evidence by a non-English speaker so the court could be satisfied about the accuracy of translation. There was no independent interpretation. 4 • Failure to file an application for interim distribution or evidenc...

9. LCRO 92/2016 ZA v YB (7 January 2019) [pdf, 234 KB]

   ...review as set out in this decision is made following a full consideration of all matters by me after receipt of Mr Vaughan’s report and discussion. [44] Prior to the review hearing Mr ZA provided further submissions and evidence by way of an affidavit. Analysis Mr ZA’s claim to a lien / release of documents [45] The Committee determined that Mr ZA’s assertion of the right to claim a lien over Mr XC’s will, his files, and deeds, constituted unsatisfactory conduct pursuant...

10. [2019] NZEnvC 165 SKP Incorporated v Auckland Council [pdf, 761 KB]

    ...September 2019, SKP Incorporated ("SKP"), the applicant for rehearing of a resource consent granted by earlier decision of the Court, filed a formal request that I recuse myself from determining the rehearing application, supported by an affidavit of one of its members Mr T Greve. At the same time, applications were made by SKP for an adjournment of the rehearing application hearing and/or the appointment to the panel of an Alternate Environment Judge/ Maori Land Court Judge...