Search Results

1. [2025] NZEmpC 106 Burgess v Tutton Sienko and Hill Partnership [pdf, 200 KB]

   ...conservative estimate of costs that might be awarded. (f) It is just in the circumstances to make an order. (g) It is just in the circumstances that the proceeding be stayed until such security has been paid. [9] The application was supported by an affidavit from one of the partners, Vicki Tutton. Ms Tutton’s evidence touched on two events after the Authority’s investigation that need to be briefly mentioned. One of them is that she has suffered a debilitating illness, com...

2. [2009] NZEmpC AC 2A/09 Lewis v Howick College Board of Trustees [pdf, 60 KB]

   ...the Board. This dealt with Mr Lewis’s proposal to call as witnesses a number of Howick College students to give evidence in support of his case. I recorded that Judge Travis directed that the evidence of these students was to be contained in affidavits sworn by them and that those affidavits should be made available to counsel for the defendant as soon as possible to enable consideration to be given about whether such students will be required for cross-examination. A...

3. Legal aid criminal proceedings steps [pdf, 426 KB]

   ...decision (s33(3)(b) Criminal Disclosure Act 2008) up to 5 hours For Taking instructions, attending the client Receiving and reviewing disclosure Identifying legal and factual issues Preparing and filing notice of appeal Preparing affidavits Undertaking research Liaising with Crown, prosecution Considering Crown, prosecution submissions Preparing submissions for hearing Interviewing/cross examining witnesses Liaising with the High Court Receiving decision...

4. Otago Standards Committee v Milne [2013] NZLCDT 18 [pdf, 157 KB]

   ...that loans had been made to third parties (of which auditors investigating post complaint could find no sign) supports that view. 28 Section 244(1) Lawyers and Conveyancers Act 2006. 29 Affidavit of Ms D dated 4 December 2012 in the Standards Committee Bundle page 9, at paragraphs 12, 14, 19, 25. 30 Ibid, exhibits E, F, H, K, L, and N. 13 [52] Other factors relied on by Dr Webb for the position his client took reg...

5. LCRO 49/2016 QG v WW (8 May 2018) [pdf, 183 KB]

   ...is submitted that Ms WW could also have chosen to disclose to the Court what Mr JR had told her of Mr QG’s instructions to him, including that Mr QG had engaged with his GP and was receiving medical treatment. [25] Mr QG believes Ms BA’s affidavit exaggerated his condition and her concerns about any possible risk to the twins were unfounded. He does not think the twins were nearly as upset or afraid of his behaviour at the time as Ms BA suggested in her affidavit. [26] Mr JR...

6. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 210 KB]

   ...removal and general property maintenance and building repairs. [5] On 16 April 2014 the appellant hurt his back by lifting a fully laden tandem trailer weighing approximately 2,500 kilograms onto his work truck tow bar. [6] According to his affidavit of 4 May 2018 he says he immediately felt extreme lower back pain and got very little sleep that night. He went on to say that the following day, Thursday 17 April 2014 he took most of the day off work due to his sore back. The fo...

7. [2019] NZREADT 57 - Catley & Boyle v CAC 521 & M & R Flanagan - Ruling (2) (10 December 2019) [pdf, 194 KB]

   ...assiduously in ascertaining the correct position. After all, it is always open to a party in doubt about the meaning of s 111(1A) to obtain legal advice. [45] The exceptional circumstances that are relied upon in this case are set out in the affidavits of Mr Catley and Mr Boyle, referred to earlier. They say that their mistaken view as to the time in which they could file their appeals originated from what they thought were authoritative sources. The first was that the Authority...

8. New Zealand Transport Agency - Kaiti 336F (Roadway) (2020) 92 Tairawhiti MB 287 (92 TRW 287) [pdf, 486 KB]

   ...is the applicant that seeks the Court’s determination under s 18(1)(a) of rights in the roadway known as Kaiti 336F. The director of the applicant company who has appeared in Court is Thomas Carroll. 92 Tairāwhiti MB 290 [7] In an affidavit dated 27 March 2018, Mr Carroll says that he wants the Court to determine who has a legal right to use Kaiti 336F as a roadway because uncertainty about that is affecting his business. Makorori Forests Limited “is currently subdivi...

9. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...disclosure of documents by Dynaflow as a non-party [9] The process of disclosure and exchange of documents in the Authority proceedings resulted in GEA providing its relevant documents to Mr Schicker on 12 April 2016. Mr Schicker had stated in an affidavit dated 4 November 2015 that he did not have any documents relevant to the claim. [10] The plaintiff also sought documents from Dynaflow which were relevant to the claim. The method by which this was to be achieved was original...

10. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 183 KB]

    ...removal and general property maintenance and building repairs. [5] On 16 April 2014 the appellant hurt his back by lifting a fully laden tandem trailer weighing approximately 2,500 kilograms onto his work truck tow bar. [6] According to his affidavit of 4 May 2018 he says he immediately felt extreme lower back pain and got very little sleep that night. He went on to say that the following day, Thursday 17 April 2014 he took most of the day off work due to his sore back. The fo...