Search Results

1. [2013] NZEmpC 44 South Pacific Ltd v Tian [pdf, 71 KB]

   ...defendant has been put to through any subsequent costs award. [20] The plaintiff may proceed with its challenge on a de novo basis on the following conditions: a) The plaintiff is to file and serve within 28 days after the date of this judgment affidavits of the evidence it relies on. Any documents relied on are to be annexed to those affidavits as exhibits. b) The plaintiff shall not be permitted to adduce any other evidence without leave of the Court. c) The parties are d...

2. [2013] NZEmpC 105 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 69 KB]

   ...the publication of the plaintiff’s name would immeasurably damage his flying career and that his professional reputation would be unduly damaged beyond the effect of having been an unsuccessful litigant in litigation between the parties. In an affidavit filed in support of the application, the plaintiff says that he has been offered a contract with an employer who is aware of his circumstances but is, he understands, likely to distance itself from him if the non-publication order...

3. [2013] NZEmpC 90 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...second interlocutory judgment dated 10 April 2013. 2 For the reasons given in that judgment, I dismissed the application to waive mediation confidentiality and continued, until further order of the Court, an order suppressing all references in any affidavits or submissions as to what was actually alleged to have been said at the mediation. Costs were sought by the defendant and a timetable provided if the parties could not agree on costs. [5] The parties were unable to agree on...

4. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

   ...f) In respect of the scheduled hearing the plaintiff filed his final brief of evidence outside the timetable established by the Court; accordingly the urgent guidance of the Court is needed as to an amended timetable. [4] A supporting affidavit elaborates on the above grounds. [5] A supplementary affidavit was filed which, inter alia, provided evidence that: a) The order of adjudication and costs is in the course of being sealed by the High Court. On receipt of the seale...

5. [2014] NZEmpC 197 Vince Roberts Electrical Ltd v Carroll Anor oral interlocutory [pdf, 63 KB]

   ...is simply a chambers hearing to deal with what are now quite urgent applications made by Mr Carroll, the first defendant. It would not be appropriate at this stage, on the basis of purely inferential evidence that is before the Court by way of affidavits, there being no cross-examination of the deponents, for the Court to draw a concluded view on the issues that I have mentioned and make an “unless” order. [4] Up until now, Ms Lewis, on behalf of Mr Carroll, the first defendan...

6. Auckland Standards Committee v Chen [2015] NZLCDT 2 [pdf, 32 KB]

   ...Account Rules and s 110 of the Lawyers and Conveyancers Act 2006 (“the Act”), which provide for the proper management of funds received from clients. 3 [7] We commend Mr Chen for his openness to the Standards Committee. He swore an affidavit in which he immediately accepted his misjudgment and took responsibility for his actions and it is clear that from the outset of receiving this money, having attempted to refuse it on a number of occasions from the client, that h...

7. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...the following conditions: (a) Within 28 days after the date of this judgment, Mr Edmond is to file and serve his statement of defence. (b) Within a further 14 days following receipt of the statement of defence, Goldstone is to file and serve affidavits of the evidence it relies on. Any documents relied on are to be annexed to those affidavits as exhibits. (c) Goldstone shall not be permitted to adduce any other evidence without the leave of the Court. (d) The parties ar...

8. [2018] NZEnvC 003 Auckland Council v London Pacific Family Trust [pdf, 281 KB]

   ...court's proposed declaration wording to be shown by tracked change); and (b) subject to consideration of those submissions received, the declaration would be included in a third decision with any further reasons. The Council is directed to: Affidavit of Rebecca Sanders for the Council. sworn 7 December 2017. at [6]. Submissions on behalf of Auckland Council, dated 13 December 2017, at [166]- [1751. Transcript. p 54. Reply affidavit of Amelia Joan Linzey, dated 13 December 2017....

9. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...his domicile in India. Both matters were addressed at a telephone directions conference held on 10 June 2016. At that directions conference it was agreed this application would be considered on the papers after the parties had filed any further affidavits and submissions. [12] Mr Patel filed an affidavit supporting his application and expressed his concern about not being repaid if the amount of the Authority’s award is paid to Mr Sharma in India, and Mr Patel and MEL are su...

10. [2017] NZEmpC 64 Prasad v LSG Sky Chefs New Zealand Ltd [pdf, 91 KB]

    ...The plaintiffs are 3 Matthes v New Zealand Post Ltd (No 1) [1992] 3 ERNZ 145 (EmpC). 4 At 150. required to comply with the order within 14 days by filing and serving the verifying affidavits or affirmations on or before 4 pm on 7 June 2017. In respect of the documents sought, the affidavits or affirmations are to comply with the requirements of reg 46(3) of the Regulations. [21] Costs are reserved. M E Pe...