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1. [2013] NZEmpC 240 Fox v Hereworth School Trust Board Second Interlocutory [pdf, 212 KB]

   ...answer interrogatories; an application by the defendant for an order that the plaintiff’s husband Stephen Fox (Dr Fox) answer interrogatories. [2] On the morning of the hearing on 21 November 2013 the defendant filed and served a number of affidavits and other documents affecting the issues for hearing on that day. Mrs Fox now resides in Western Australia and, unsurprisingly, Mr Scotland had not been able to obtain her instructions in respect of those documents which he had...

2. LCRO 124/2017 RG v XP (4 December 2018) [pdf, 250 KB]

   ...freezing orders on [date] August 2016. [7] The sudden and apparently unexpected effect of the injunction on Ms XP led her to seek legal advice. She instructed her lawyers to apply to discharge the interim injunction. Ms AV prepared the documents. Affidavits were sworn and Mrs RG signed a Memorandum which set out the history of the XP proceedings, the applicable principles and arguments in support of the proposition that the injunctive relief Mr XP had secured should be set aside...

3. [2017] NZEnvC 123 Dunedin City Council v Saddle Views Estate Ltd [pdf, 1.3 MB]

   ...is no undertaking as to damages provided by the Council because: (i) This application is made in Council's regulatory role in what it sees as the public interest, and not in pursuit of private interests. Annexure CJF-2 to Mr Fisher's affidavit. 5 (ii) This application is necessary to ensure new irreversible effects on the ridgeline are avoided until the landowners' rights to quarry the site are determined. [10] Two documents lodged in earlier proceedings between...

4. [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [pdf, 104 KB]

   ...affects her. [3] In addition to the substantive proceedings, Ms Davidson applied to the Court for an interlocutory order staying execution of the costs award against her. Following directions from the Court, Ms Davidson subsequently filed an affidavit in support of her application and at a directions conference on 7 March 2017, it was agreed that the application could be dealt with on the papers. The defendant, by that stage, had filed a notice of opposition to Ms Davidson’s a...

5. [2024] NZEnvC 033 Yzendoorn v Hamilton City Council [pdf, 663 KB]

   ...ss 322(1)(a)(i) and (ii), and 322(1)(b)(i) RMA requiring the landowner to cease outdoor storage of the shipping container on the site and to remove it from the property by 22 September 2023. A notice of appeal against the abatement notice 1 Affidavit of David Martyn Yzendoorn, 27 September 2023, at [16]. 2 Parties and witnesses all had different ways of describing the shipping container: art installation or outdoor storage of a shipping container or modified shipping container. 3...

6. [2011] NZEmpC 57 Wade v Hume Pack-N-Cool Ltd [pdf, 113 KB]

   ...A”) filed a purported notice of discontinuance on 6 August 2008. This application has been opposed by the respondent. The parties agreed to have the matter determined on the basis of the papers filed in Court. These include submissions and affidavits. Factual background [2] From this material the following facts emerge. The applicant challenged the Authority’s determination on 8 November 2007 and elected to have a hearing de

7. LCRO 104/2020 LN v RT (30 September 2020) [pdf, 127 KB]

   ...instructed Ms RT to act for her in relation to a dispute over whether Mrs LN could take their children overseas. On behalf of her client, Ms RT applied for orders without notice to Mr LN. In doing so, Ms RT assisted Mrs LN in preparing and filing her affidavit evidence. Ms RT also signed the standard form certificate dated 18 June 2019 in which she provided certain assurances to the Court (the certificate). The certificate said: 2 I certify that: 1. I have advised the app...

8. Defending a proceeding in the District Court

   ...stating the orders that are sought, the grounds on which the orders are sought, and the law or laws that the applicant is relying on. The document should also tell you when the hearing will happen. In most cases you will receive a copy of the applicant’s affidavit supporting the application. Documents To defend an originating application you need to file the following documents: Notice of opposition Affidavit in support of the notice of opposition (unless the court directs that evidence will...

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9. Auckland Standards Committee 1 v Hart [2011] NZLCDT 36 [pdf, 122 KB]

   ...December 2011 APPEARANCES Mr P Collins and Mr M Treleaven for the Applicant Mr G King and Mr A Trenwith for the Practitioner 2 DECISION ON INTERLOCUTORY APPLICATIONS TO STRIKE OUT CHARGES 1, 2 AND 3 AND TO EXCISE PORTIONS OF AFFIDAVITS FILED [1] In February 2011 counsel for the practitioner made an application that Charges 1, 2 and 3 be stayed or struck out. At the same time an application for interim name suppression was made. The interim name suppress...

10. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

    ...Bathgate, a staff policy planner; Mr R A Ewans, a biodiversity advisor at the Council ; Mr P G Woods, an enforcement officer on its staff; and Ms H E Dempster employed by it as a Senior Planner/Monitoring and Compliance. Ms Dempster also made a reply affidavit and Mr Ewans made two. [15) Ms Dempster's primary affidavit exhibited a report by Dr S Rate, a principal ecologist at Wildland Consultants Limited, who was not called to give evidence. The latter feature attracted strong...