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1. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

   ...plaintiff’s claims on a de novo challenge. These matters cannot now be re-litigated and it is difficult to see how they necessarily support the defendant’s application for security. [5] The defendant’s application for security, supported by an affidavit from one of its managers, Mr Walker, claims that there have been significant delays in the proceedings due to the plaintiff’s conduct. It is also asserted that the challenge is unmeritorious. There have indeed been consid...

2. Waikato Bay of Plenty Standards Committee v Bean [2016] NZLCDT 7 [pdf, 34 KB]

   ...recognises that the Tribunal is normally best placed to assess the seriousness of the practitioner’s offending. Wilful and calculated dishonesty normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit. Finally, personal mitigating factors may play a less significant role than they do in sentencing.” [13] In this instance both counsel accept that the conduct concerns a single event. It is accepted that the conduct is very seri...

3. Auckland Standards Committee v Yee [2015] NZLCDT 22 [pdf, 86 KB]

   ...5.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, in that the former practitioner did not exercise his professional obligations solely in the best interests of his client. And upon the grounds set out in the affidavits of Garreth Heyns and (victim). NEW ZEALAND LAWYERS AND CHAIR MEMBERS OF TRIBUNAL RESERVED DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL

4. [2013] NZEmpC 213 Dr X v a District Health Board [pdf, 73 KB]

   ...the Court, that all of the costs referred to relate to the application for non-publication orders. For example, the invoices include claimed costs relating to researching regulations about lodging a challenge, the preparation and filing of an affidavit setting out the detailed background to the matter (which appears to relate to an affidavit earlier filed in the proceedings), counsel’s interactions with the Medical Council (in July 2013) and providing media and strategy advice to...

5. [2014] NZEmpC 41 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

   ...41 ARC 93/13 IN THE MATTER OF an application for leave to extend time to file challenge BETWEEN SHABEENA SHAREEN NISHA (NISHA ALIM) Applicant AND LSG SKY CHEFS NEW ZEALAND LIMITED Respondent Hearing: Affidavits and submissions filed on 27 November and 19 December 2013, and 24 and 31 January 2014 Appearances: AF Drake, counsel for applicant J Douglas, counsel for respondent Judgment: 14 March 2014 JUDGMENT OF C...

6. [2015] NZEmpC 72 Waikato District Health Board v Dent [pdf, 108 KB]

   ...The Board’s statement of defence was filed on 27 March 2015, but on 30 March 2015 the Registry advised that the Board’s cross-challenge was out of time. The Board’s application for leave was filed on 1 April 2015 with a supporting affidavit made by its Acting General Manager for Human Resources (Gregory Peploe) and its statement of defence was re-filed as a separate document. [8] The Board relies on the provisions of both ss 219 and 221 of the Act. Section 221 provi...

7. Wang v Fu [2017] NZIACDT 24 (28 November 2017) [pdf, 157 KB]

   ...[3] Mr Fu disputed the factual allegations when the complaint arose and contended that he complied with his professional obligations. The Tribunal gave Mr Fu the opportunity of presenting his case at an oral hearing. The complainant filed an affidavit supporting her evidence, in anticipation of giving evidence at an oral hearing. However, the Tribunal abandoned the oral hearing, as Mr Fu did not comply with the timetable for the hearing. [4] The Tribunal has upheld the complaint o...

8. [2018] NZEmpC 1 FGH v RST [pdf, 214 KB]

   ...escalating her condition. She strongly recommended that any such decision be “withheld” having regard to a risk of loss of function, which she explained had gradually improved through 2016 and into 2017. [23] Counsel also referred to an affidavit provided by the plaintiff’s father. He said the plaintiff was deeply depressed by the content of the determination. About a week after it was issued, an event occurred which led him to conclude that his daughter needed immediate...

9. QC Ltd (in liquidation) v WD Ltd [2020] NZDT 1326 (4 August 2020) [pdf, 213 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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...

10. Richardson v Burns (Strike-Out of Second Defendant) [2017] NZHRRT 30 [pdf, 145 KB]

    ...WDHB was confined to rr 5, 6 and 11. The subsequent investigation into Ms Burns was confined to r 10. 3 The investigation by the Privacy Commissioner in respect of the WDHB [8] To support the strike-out application the WDHB has filed an affidavit sworn on 27 April 2017 by Ms AM Mark, General Counsel for the WDHB. In this affidavit Ms Mark describes the course of the investigation by the Privacy Commissioner. It is clear from that account and from the exhibited correspondence...