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1. [2007] NZEmpC CC 12/07 NZ Amalgamated Engineering Printing and Manufacturing Union v Air Nelson Ltd [pdf, 79 KB]

   ...home to the union in the sense of making it liable at law to make good those losses. [43] It is also important to record that there is at best only a faint suggestion amongst the comprehensive evidence of loss filed by the defendant (including affidavits from representatives of Air NZ and KSNZ) that there is more than ascertainable and quantifiable financial loss. There is no real suggestion of loss of customer goodwill or other similar intangible and difficult-to-quantify economi...

2. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...Hawaii. My wife has been my rock she knows when I get all anxious and she will grab me and you know lets go for a walk just to keep me grounded I guess. Yea. I am definitely feeling it. [23] Mr Matsuoka also gave evidence that reading the affidavits from ex- employees filed by LSG was unsettling for him because he felt they had had a great relationship previously. They always helped each other and it was a family type operation at PFC. He gave one example in relation to one o...

3. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...responses were given. L Limited was left in a position of S not engaging with it. No satisfactory reasons for this situation have been advanced for S, at least at this stage. [38] I assess this third issue as being just arguable, but on the affidavit evidence provided for present purposes it is the defendant who has a strongly arguable case. [39] A related point raised by S is that it is arguable there was predetermination on the part of L Limited. S asserts that L Limited deci...

4. Joint Protocol Ministry of Justice and Department of Child, Youth and Family [pdf, 79 KB]

   ...an investigation under s 17. This referral will be made to the National Call Centre or Duty Social Worker not the Care and Protection Co-ordinator. This referral will be made on Form 001, and on judicial direction will include copies of relevant affidavits, orders and reports. Any request by a third party to Child, Youth and Family for the information provided by the Court should be referred to the Court. If a critical or very urgent risk is suspected, the notification should be imm...

5. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...Employment Court regulations 2000, reg 44(3)(a). 4 Employment Relations Act 2000, s 189(1). created is also important in determining whether privilege attaches to them. Taken from the Authority’s determination and the other information on affidavits, the following are the relevant circumstances. [5] Mr Edwards took up his appointment as Principal of the College in January 2010. A new Board of Trustees was elected subsequently which then sought to have the Ministry of...

6. Auckland Standards Committees 3 and 4 v Banbrook [2017] NZLCDT 35 [pdf, 404 KB]

   ...2 November date of hearing was sent to the respondent on 31 October 2017. [4] The hearing of the charges proceeded by way of formal proof on 2 November 2017. The Charge under proceeding LCDT 020/16 (ASC3) [5] The Tribunal has considered the affidavit evidence of Sarah Elizabeth Te’o, Clifton Killip Lyon and Nicole Jayne Prosser. [6] The background fact to the charge is that the respondent was suspended from practice as a barrister and solicitor for seven months by order of the...

7. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...which I accept as amounting to an application by Ms Nee Harland to reinstate the appeal under ACA No. 02/05. [7] The Corporation filed a formal opposition and submissions from Mr McBride, with a bundle of relevant documents and a supporting affidavit from Mark Davis, who was employed by the Corporation as an Improvement Analyst between 2002 and 2008, to address the large volume of attendant care applications arising from the publicity surrounding the then recent decision of t...

8. Reedy - Waitangi A1A1 (2003) 66 Ruatōria MB 48 (66 RUS 48) [pdf, 857 KB]

   ...their respective clients regarding the applications extant the Court. Minute Book: 66 RUA 50 The substantive application was heard by the Court for the first time on 10 June 2002 at 62 Rua MB 208. On that date the matter had to be adjourned as affidavits upon which the respondents were to rely were filed too late for them to be properly considered by counsel for the applicant. A full hearing was finally held on 26 July 2002. On that date the Court received and heard evidence or com...

9. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [pdf, 261 KB]

   ...[35] The Registrar’s proposed fine of $3,000 is within the expected range for this sort of offending. [36] The complainant was charged a total of $3,500 and the Tribunal may direct this sum to be refunded. [37] In support, there is an affidavit from Mr Mercado (sworn on 22 October 2020). He confirms his acceptance of the Tribunal’s finding. He has completely owned the error of judgement. This is the first complaint that had been made against him to the Authority....

10. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

    ...conditional fee arrangement with [E Ltd] was to cover all of the work required through to, and including, the trial. [36] Mr AW was not able to meet those potential costs and terminated his instructions on 15 May 2020. [37] At that stage, supporting affidavits had not been drafted and timetabling orders by the Court had not been complied with. There had been limited, if any, preparation for the trial. [38] Mr XL applied to the Court for an adjournment. The adjournment was decl...