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1. David Bain appendices tabs A to E [pdf, 1.6 MB]

   ...Appeal, specifYing in relation to the first four questions a number of documents which the Court of Appeal was asked to consider. In the event the Court of Appeal (Keith, Tipping and Anderson JJ, "the second Court of Appeal") received over 50 affidavits from 42 deponents, 1 3 of those deponents being orally questioned before the court at a hearing which lasted from 14 to 1 8 October 2002. 23 . The first of the six questions referred was: "Was the computer turned on at...

2. [2015] NZEmpC 152 Juahm Industries Company Limited v Isnanto interlocutory [pdf, 93 KB]

   ...in Indonesia and it was not possible to obtain instructions from multiple defendants prior to the expiry of the time limit; and that no prejudice has been suffered by the plaintiff. [6] In support of that application, Mr Dawson stated in his affidavit that the statement of claim raising the challenge was served on 8 June 2015. He says that on 2 July 2015 he sought further particulars of the plaintiff’s statement of claim. On 3 July 2015, the plaintiff’s lawyer responded stat...

3. [2014] NZEmpC 103 Hill v Teck Properties Ltd costs [pdf, 68 KB]

   ...defendant, it is said that it advised the plaintiff of its financial difficulties, confirmed that the full amount would be paid, and that there was no response to this letter. No such correspondence is before the Court. Mr Hill confirms in his sworn affidavit that there was no response to the letter of demand. There is an email from Ms Shattock dated 24 December 2013, in which the defendant’s claimed financial position is referred to and an offer to negotiate time payments made...

4. AAC v ZZX [2012] NZDT 33 (17 August 2012) [pdf, 64 KB]

   ...for medical treatment. It is for ZZX to prove that there was no fault on his part which led to the attack on KA. ZZX told me that the gap in his gate was caused by high winds and one of the locks not being shut properly as a consequence; in his affidavit of 24 January 2012, at paragraph 16, he stated that his daughter may not have latched the middle padlock properly. At paragraph 9 of his affidavit, he accepted that he and his daughter failed to make sufficient checks of their fenc...

5. DOP v Nelson (Application for In-Court Media Coverage) [2013] NZHRRT 13 [pdf, 46 KB]

   ...They are four in number. One is for Ms Taylor. Position of Ms Nelson [7] In a notice of opposition dated 3 April 2013 enlarged upon by submissions from Mr Beck of the same date, Ms Nelson opposes the application. She has subsequently filed an affidavit sworn on 12 April 2013 in support of her position. [8] In brief, Ms Nelson deposes that for 28 years she has lived in Otaki on the Kapiti Coast. Otaki is a very small town with a population of approximately 6,000. Following from th...

6. ABC v XYZ (Costs) [2013] NZHRRT 27 [pdf, 47 KB]

   ...accordance with the High Court Rules, Schedules 2 and 3 on the basis that category 2B costs are appropriate. [3] By memorandum dated 31 July 2013 Mr CG Tuck, Barrister of Tauranga advised that, acting pro bono, he was submitting for consideration an affidavit by the plaintiff (to which we turn shortly). He advised that she was a person of very limited means but she nevertheless acknowledged that she would have to make a financial contribution to the defendant’s costs. A request was...

7. Canterbury Westland Standards Committee v Peters [2012] NZLCDT 18 [pdf, 121 KB]

   ...followed through. Mr Peters then 3 pleaded guilty to the alternative charge of unsatisfactory conduct, and that was accepted by the Standards Committee which did not pursue the matter on the basis of misconduct. Discussion [7] In an affidavit filed with the Tribunal by Mr Peters’ client, who was the complainant in this matter, that client said he had “made it quite clear that I wanted to appeal”. Mr Peters now accepts that his client did indicate that he wished...

8. [2014] NZEmpC 29 Patel v OCS Ltd [pdf, 66 KB]

   ...application some five days later, on 18 February 2014. [9] While delay was an issue identified by the defendant in its opposition to the application and during the course of a telephone directions conference, it is an issue that was not addressed in affidavits filed on behalf of the plaintiff. However, it appears that the plaintiff was aware that the defendant’s contract with the Health Board was coming to an end by 13 September 2013. [10] There were delays, as Mr Langton sub...

9. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 69 [pdf, 108 KB]

   ...made by the appellants concerning the transcript of the former hearing of their appeal to the Tribunal, and the admissibility of evidence at the re-hearing. [9] The appellants set out seven grounds in support of the applications, and referred to affidavits and legal submissions to be filed on 23 November 2017. In response to an enquiry from the Tribunal’s case manager on 23 November, the appellants advised that something would be filed the following day. No affidavits or submissi...

10. [2016] NZEmpC 73 Hill v Tex Onsite Ltd [pdf, 104 KB]

    ...issue and Mr Hill’s apparent assets, liabilities, incomings and outgoings. [8] If no stay is granted, it is probable that the company will move to enforce the Authority’s orders, as it is perfectly entitled to do. I accept, based on the affidavit evidence before the Court, that if this occurs it would place a significant financial 5 Superior Motor Cycles Ltd v Patterson [2012] NZEmpC 196. 6 At [15]. burden on Mr Hi...