Search Results

1. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...decisive of an important part of the case, therefore, it is an important question of law. [15] The case for Transpacific also relied on evidence that many of its other employees have an identical clause in their employment agreements. In his affidavit, Mr Bonniface, a senior manager within Transpacific, said that there were 1400 such other employees. While it must be highly questionable whether a restraint of competition clause could ever be justified in all of those cases, I ac...

2. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...advice that it was entitled to apply for leave to challenge out of time and also advice that a stay of execution of the Authority’s orders could be sought from the Authority. This application for leave was filed on 17 September 2012. Mr Rakau’s affidavit in support explains the circumstances in which the challenge was filed in the wrong body (an erroneous assumption that an appeal would be lodged with the body appealed from), but does not address any other elements affecting the...

3. [2015] NZEmpC 182 Juahm Industries Co Ltd v Isnanto [pdf, 103 KB]

   ...probabilities that authority was held for the remaining seven individuals. [5] In light of that conclusion, the Authority dealt with “next steps and directions”. 3 Mr Dawson was invited to provide either missing documents or to produce sworn affidavit evidence in respect of the individuals whose identities had not been established. Juahm was directed to provide copies of time and wage records as a matter of urgency, and no later than seven days from the date of the determina...

4. Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (2014) 84 Taitokerau MB 229 (84 TTK 229) [pdf, 106 KB]

   ...preliminary matters before turning to the substance of the application. Notice of hearing [4] On 25 July 2014, when I set down the application for hearing on 30 July 2014, I directed PBH to provide notice of the hearing to Mr Pere. Mr Peters filed an affidavit of service of Samuel Southall dated 29 July 2014 which sets out that Mr Southall went to Mr Pere’s dwelling at Putataua Bay at 7:35am on 29 July 2014; that Mr Pere’s wife, Michelle Pere, spoke to Mr Southall and was alrea...

5. [2014] NZEmpC 196 Nelson v Katavich & Anor [pdf, 116 KB]

   ...then post-termination of employment by Ms Nelson. The plaintiff’s application [6] Thereafter the plaintiff issued proceedings seeking a compliance order requiring the defendants to comply with the order set out above. [7] According to the affidavit evidence filed in support, some documents had been disclosed since the making of the Court’s orders. But the plaintiff contended that proper disclosure of documents in categories 4, 5 and 6 had not been provided. For its part,...

6. Auckland Standards Committee v Ram [2014] NZLCDT 76 [pdf, 103 KB]

   ...client funds; 2. Practising contrary to his practising certificate; and 3. Failing to respond to a s 147 notice to produce files and other records to the Standards Committee. 1 David John Osborn, affidavit dated 30 May 2014. 3 [6] It is thought that Mr Ram is currently overseas. After refusing a last minute written adjournment application by him, for the reasons set out in our oral decision of 12 November 2014, the hearing pr...

7. Jain v CAC 20007 & Martin [2014] NZREADT 51 [pdf, 55 KB]

   ...the penalty decision for himself and in respect of his employer Link Business Broking Limited. The appeal is only against the decision to name Mr Jain. [5] Mr Jain sought an interim order. This was granted. For that application Mr Jain filed an affidavit, which sets out the information which he says the Tribunal should consider when considering whether or not the appeal should succeed. [6] In this affidavit he says: (i) To the best of his recollection he only discussed the sale of...

8. [2013] NZEmpC 196 Labour Inspector MBIE v Civic City Ltd [pdf, 94 KB]

   ...Labour Inspector filed an application for a freezing and associated orders which were referred to a Judge and considered immediately. The Court identified, by Minute issued later that day, a number of issues on which it required more information by affidavit and/or memorandum. This additional information was provided to the Court yesterday. [6] The Court is empowered to make a freezing order by s 190 of the Employment Relations Act 2000. Under subs (3) the Court has the same powe...

9. BD v CE on behalf of GI & HJ LCRO 214/2012 (28 November 2014) [pdf, 119 KB]

   ...client. (c) He failed to advise a witness to obtain independent counsel. [36] Of the three breaches, all of which are significant, I consider BD’s failure to ensure that a proposed witness obtain independent advice to be the most serious. The affidavit prepared by BD had potential to expose the deponent to the risk of serious criminal charge. [37] BD prepared an affidavit from the witness, and forwarded that affidavit to the Police together with a memorandum, on 20 July 2011....

10. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

    ...The apprenticeship training continued with Irmac Builders Limited until terminated on 13 June 2001, after completion of construction of the concerned dwellings. [13] The relevant factual matrix was clearly set down by Mr Neilson in his affidavit filed in support of his removal application. That affidavit deposed that Mr Neilson was during the entire construction period only a trainee carpentry apprentice engaged by Irmac Builders Limited and that at all relevant times was u...