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1. [2024] NZREADT 31 - HH v CAC 2201 SL (12 September 2024) [pdf, 261 KB]

   ...the stigma of an unsatisfactory conduct finding. APPEAL [45] A Notice of Appeal (9 October 2023) was filed in the Tribunal. It was accompanied by Notice of Appeal: Reasons for Appeal (undated), additional notes (undated), a supplementary affidavit of the purchaser’s wife (9 October 2023) and supporting documents. [46] The Tribunal issued a procedural Minute 1 (9 February 2024) directing a hearing on the papers and setting a timetable for evidence and submissions. A Rulin...

2. Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46 (87 TTK 46) [pdf, 121 KB]

   ...justice do dictate that I take a cautious and measured approach, especially as I am being asked to intervene in the assets of individuals on an ex parte basis. [26] I note that ordinarily an application for a Mareva injunction would be supported by affidavit evidence. That is not the case here. Instead, Mr Andrew relies on what the Court record and Kiwibank bank statements disclose. I am prepared to proceed on that basis. I note that under s 69 of the Act the Court has a broad d...

3. Hart - Okaha Section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286 (12 TWP 286) [pdf, 232 KB]

   ...65). 12 Te Waipounamu MB 288 administered by the Trust for his own use. This letter appears to be signed by Mary Walker, John Hart and the applicant, though none of their names are printed next to the signatures. [7] The respondent filed an affidavit and notice of opposition dated 25 January 2010 in which he refuted the applicant’s claims that he had failed to carry out his duties as a trustee and opposed his removal, as follows: a) He states he only suggested that he shoul...

4. Green – Trustees of Te Kou Tiaki and Tangi Ataahua Green Whanau Trust (2014) 92 Waiariki MB 183 (92 WAR 183) [pdf, 213 KB]

   ...his Māori Land interests more effectively for the benefit of himself, his children and mokopuna. 5 80 Waiariki MB 63 (80 WAR 63). 92 Waiariki MB 188 Particulars 3. The applicants affidavit dated the 30 th July 2013 provides that the applicant intends to use his Māori Land interests for the following purposes: a. Establish a fitness facility and golf course on the Māori Freehold land block Orete L2, L3B, H2B and...

5. Khan v New Zealand Law Society [2014] NZLCDT 18 [pdf, 83 KB]

   ...practising certificate to the appellant. Such decisions are made by the Practice Approval Committee (“PAC”) of the New Zealand Law Society (“NZLS”), which declined the appellant’s application on 10 December 2013. The appellant filed three affidavits and was cross-examined on these affidavits before the Tribunal. None of the other deponents who included referees for the appellant and Mr C R Pidgeon QC who appeared for the appellant in the Fiji proceedings, were required...

6. Body Corporate 180379 v Auckland Council [2013] NZWHT Auckland 6 [pdf, 124 KB]

   ...rise to prejudice. [42] The claimants deny that their delay is inordinate and inexcusable and also deny that it has caused prejudice such that justice cannot be done in the proceedings. [43] Linda Wong is the owner of unit six. In an affidavit she deposes that she purchased the unit in 1997 from the developer. She recounts her recollections of water ingress problems with her unit and the other units and the steps that were taken to resolve these. Ms Wong and her husband...

7. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...complex background and where there was considerable exchange of information between counsel and constructive discussions between counsel in advance of the hearing. As a result of the information provided to the Standards Committee, both through the affidavits filed by Mr Grave and preliminary negotiations, Mr Shaw, for the Standards Committee, was able to clearly state to the Tribunal that there was no question of dishonest intent to be advanced. Mr Shaw did not dispute that, apa...

8. Ram v Tan [2017] NZIACDT 18 (26 September 2017) [pdf, 243 KB]

   ...which Ms Aasa did not do. [16] Mr Tan acknowledged the principles relating to monetary penalties, particularly, that they are not the same as fines in that they will not survive bankruptcy. However, Mr Tan provided evidence in the form of an affidavit regarding his financial circumstances. The key points being: [16.1] The company that operated the practice was not trading and accumulated tax losses of some $25,000. [16.2] He is a full-time student without employment. [16.3] He...

9. Peng v Tan [2017] NZIACDT 19 Peng v Tan (26 September 2017) [pdf, 244 KB]

   ...which Ms Aasa did not do. [16] Mr Tan acknowledged the principles relating to monetary penalties, particularly, that they are not the same as fines in that they will not survive bankruptcy. However, Mr Tan provided evidence in the form of an affidavit regarding his financial circumstances. The key points being: [16.1] The company that operated the practice was not trading and accumulated tax losses of some $25,000. [16.2] He is a full-time student without employment. [16.3] He...

10. Sidhu v Tan [2017] NZIACDT 20 (26 September 2017) [pdf, 244 KB]

    ...which Ms Aasa did not do. [18] Mr Tan acknowledged the principles relating to monetary penalties, particularly, that they are not the same as fines in that they will not survive bankruptcy. However, Mr Tan provided evidence in the form of an affidavit regarding his financial circumstances. The key points being: [18.1] The company that operated the practice was not trading and accumulated tax losses of some $25,000. [18.2] He is a full-time student without employment. [18.3] He...