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1. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...occurring after November 2009, no character test is applicable and it may well be that a significant penalty order (including significant financial awards) would be appropriate in those cases. Further Evidence of Defendant on Penalty [15] In a short affidavit sworn 27 August 2013, the defendant deposed that he has never had a criminal conviction in his life nor any previous enquiries about him to the Real Estate Agents Authority prior to that which initiated the present case. [16]...

2. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 47 [pdf, 85 KB]

   ...that this was followed by a misleading statement to the Tribunal itself, as to when the relationship had started, in the formal Response to the charges. [10] The practitioner did not provide an accurate picture until he was required to swear an affidavit in August 2013. The investigation had begun in October 2011 and the first specific questions about the intimate relationship were put to Mr Horsley in a letter from the Law Society of 23 November 2011. [11] Mr Horsley lied to the...

3. [2013] NZEmpC 219 Fox v Hereworth School Trust Board [pdf, 78 KB]

   ...an order to disclose and allow inspection of documents against another non-party had only recently been served and the time for a response was still running. In respect of the other applications set down for hearing, the defendant filed several affidavits on the morning of the hearing about which the plaintiff has not been able to give instructions to her counsel and which may alter significantly the nature and breadth of the applications before the Court. Mrs Fox now lives in Wes...

4. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...various other information including: [a] a legal aid application contain Mr Penzance’s financial details; [b] correspondence and results relating to DNA testing; [c] Mr Penzance’s application to discharge the parenting order and accompanying affidavit which outlined his relationship with his former partner including various intimate details. [d] An affidavit of the mother of the child in the parenting order (with Mr Penzance’s handwritten notes) outlining the nature of the r...

5. Vercoe v Barns - Parish of Matata 39A2A and 39A2B2B2A [2012] Māori Appellate Court MB 149 (2012 APPEAL 149) [pdf, 253 KB]

   ...a string of applications where Ms Vercoe bombards the Court and the parties with documentation. I do not take into account her late appearance today at all, but I do take into account the fact that an adjournment was necessary in relation to an affidavit that was filed at the beginning of the hearing this morning. We had to adjourn for 45 minutes, with costs to everybody for the three lawyers involved. The figures that I now fix are subject or have been subject to a 50% deduction....

6. Ross and Ellis v Te Moni - Otumoko B4 (2010) 2 Waikato Maniapoto MB 243 (2 WMN 243) [pdf, 62 KB]

   ...exclusive possession reverts to them. Any notices served by them on the defendants on or about 31 May 2007 and 3 April 2008 are irrelevant. [30] The second named plaintiff is Mr Ellis in his individual capacity. Mr Ellis provided the Court with an affidavit in advance of the hearing dated 22 July 2009. He adopted that affidavit as his evidence in chief. At paragraph 1 Mr Ellis deposes that: “1. I am the lessee of the land known as Otumoko B4.” That assertion is incorrec...

7. RQ v TS LCRO 178/2012 (23 June 2015) [pdf, 98 KB]

   ...addressed at the mediation conference, and notes that both matters were referenced in the memorandum she filed 3 BR v CS LCRO 226/2013 at [14]. 8 with the Court, recorded in her client’s affidavit of assets and liabilities, and referenced in the draft agreement prepared after the mediation conference. [36] It is Ms TS’s submission that the global settlement figure recorded in the heads of agreement was agreed to by Ms RQ,...

8. HB Ltd v K [2021] NZDT 1301 (13 January 2021) [pdf, 212 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...

9. [2020] NZEmpC 135 Wills v Farmlands Co-Operative Society Ltd [pdf, 210 KB]

   ...& Moore. The application was not opposed by Farmlands or Pitt & Moore. [3] Before considering the application, it is necessary to describe what is said to have happened. The following description of events was taken from Ms Wills’ affidavit in support of the application and the Authority’s determination. With one exception, to be discussed shortly, there is no significant disagreement to be resolved. [4] Ms Wills resigned from her employment with Farmlands in circ...

10. Auckland Standards Committee 1 v Hanif [2019] NZLCDT 13 [pdf, 156 KB]

    ...and was sentenced, on 21 September 2018 to a term of 10 months home detention, with six months post detention conditions. [3] The charge was defended by the practitioner and the matter allocated a one-day hearing. The practitioner filed two affidavits in which he challenged the basis for the convictions. He appeared to be under the misapprehension that these proceedings involved a de novo hearing of the merits of the criminal prosecution. However, in the course of answering que...