Search Results

1. Apostolakis v Attorney-General No. 3 (Costs) [2019] NZHRRT 11 [pdf, 250 KB]

   ...indication has been given as to Mr Garlick’s actual costs but it is unlikely they will be much different to those incurred by the Attorney-General as Mr Garlick was required to file a separate statement of reply, strike-out application, supporting affidavit and submissions. [4] The third defendant (Mr Meikle) has taken no steps in the proceedings and no application for costs has been made by him. The submissions for the Attorney-General [5] The primary points made by the Attorney-Gen...

2. McCreath v Attorney-General (Interim Non-Publication Order) [2014] NZHRRT 59 [pdf, 46 KB]

   ...defendants respectively. [2] By application dated 10 December 2013 Nurse A and Nurse B sought interim non- publication orders pending determination of these proceedings or until further order of the Tribunal. That application was supported by separate affidavits by Nurse A and Nurse B together with a memorandum by Ms O’Brien. By Minute dated 20 December 2013 Mr McCreath was directed to file his submissions on that application by 17 January 2014. See the Minute at [8.1]. [3] Mr McCr...

3. DW and AW v EQC and State Insurance [2019] CEIT-2019-0001 [pdf, 142 KB]

   ...lack of clarity in the application should file a pro forma response and orally request further particulars of the claim at the case management conference.” [5] The present request from State Insurance took the form of a letter supported by an affidavit provided by the claims technician to whom DW and AW’s claim has been allocated. Having regard to the informal nature of the Tribunal, that is an acceptable process. [6] DW and AW’s property was repaired by EQC under an agreeme...

4. A v Van Wijk (Application for Non-Publication Orders) [2017] NZHRRT 25. Note non-publication restrictions. [pdf, 145 KB]

   ...identification of the plaintiff or of the plaintiff’s husband or children in these proceedings. [4.2] That there be no search of the Tribunal file without leave of the Tribunal or Chairperson. [5] Filed in support of the application is an affidavit sworn by the plaintiff on 20 May 2017 as well as comprehensive submissions by Mr Kee. His assistance is acknowledged. [6] On 2 June 2017 directions were given requiring the defendants to file any notice of opposition and submission...

5. QC v-DH Ltd & DN & MS [2021] NZDT 1601 (24 June 2021) [pdf, 176 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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...

6. MR v BJ Ltd [2022] NZDT 17 (20 April 2022) [pdf, 234 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...

7. FD v CE [2021] NZDT 1395 (22 April 2021) [pdf, 192 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 46 (15 December 2022) [pdf, 98 KB]

   ...take years to pay off. Fines have not proved effective. At this stage, a fine has little real impact, it simply “adds to the tab.” Mr Davey pared back his ultimate submission to a “short” period of suspension. [6] Although Mr Kennelly’s affidavit for this hearing acknowledged his wrongdoing and expressed regret, those views are very late, and are at distinct odds with his stance at the liability hearing. The address of his affidavit was to the Tribunal, not to the complain...

9. Smart v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 242 [pdf, 152 KB]

   ...2022, Mr Thompson for Ms Smart submitted that the appeal was filed late because her representative assumed erroneously, but genuinely, that 2 the stated 28-day timeframe referred to 28 working days. Ms Smart’s representative provided an affidavit to this effect. [3] On 6 December 2022, Ms Hansen for the Corporation submitted that it did not oppose the grant of leave. Relevant law [4] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant...

10. NQ v HN [2022] NZDT 38 (6 April 2022) [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...