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1. [2014] NZEmpC 183 Scarborough v Micron Security Products Ltd interlocutory [pdf, 92 KB]

   ...claim was pursued in the Authority and none is now pursued on the challenge. Ms Scarborough’s claims are all ones that can only be, and are, against her former employer and it is clear, as she concedes, that this was Micron. [23] Mr Weston’s affidavit also tends to confirm his contention that Ms Scarborough is seeking to join Mr and Mrs Weston for frivolous, vexatious and scurrilous reasons. These are exhibited principally in emails that Ms Scarborough has sent to the defend...

2. Te Tii Waitangi B3 Trust (2011) 17 Taitokerau MB 294 (17 TTK 294) [pdf, 110 KB]

   ...[8] I then explained to Mr Rameka that the hearing was to give him an opportunity to tell me why he should be appointed as a trustee, that is, whether he was a proper or appropriate person to be appointed as trustee. [9] Mr Rameka produced an affidavit which he read out. He then took issue with having to establish his ability, experience and knowledge to be appointed as a trustee. In the exchange that followed Mr Rameka challenged my role in assessing whether he should be appoint...

3. [2014] NZEmpC 212 Cudby & Meade Ltd v New Zealand Furniture, Manufacturing and Associated Workers’ Union Inc [pdf, 99 KB]

   ...amended pleadings and he also encouraged Mr Memelink to obtain appropriate legal advice. I do not intend to repeat the chronology detailed in the Chief Judge's minute apart from noting that his Honour accepted that an application for leave and affidavit in support in an acceptable format was eventually filed on 23 December 2013. Subsequent developments [14] As noted above, the Union is represented by Mr Graeme Clarke who is its National Secretary. Mr Clarke filed a memorand...

4. [2014] NZEmpC 43 Booth v Big Kahuna Holdings Limited Interlocutory [pdf, 110 KB]

   ...bringing an application, and whether the making of an order might prevent the plaintiff from proceeding with a bona fide claim. Other factors may be relevant, depending on the circumstances of the case. Analysis [14] The plaintiff has filed an affidavit setting out details of his financial position. While he was without work for some time following his dismissal he has since 7 (2002) 16 PRNZ 747 (CA). 8 At [13] - [14]....

5. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...respondents indicated that they had relied on the sixth respondents as designers but did not deal with the scope of duties or any failures. [38] The sixth respondents say that there was bad faith on behalf of the first and second respondents. Two affidavits were sworn in support of the sixth respondents being a party. The inference was that the designer was involved in supervision. At the hearing it was clear that they were not. [39] The first and second respondents said...

6. Litchfield and Anor v The Country Cottage Co Limited [2011] NZWHT Auckland 33 [pdf, 103 KB]

   ...WORK, IF ANY, TOOK PLACE WITHIN TEN YEARS OF THE CLAIM BEING FILED? [5] There is no real dispute as to the factual background and chronology of construction. No party sought to question Mr Tunnicliffe and Mr Melvin on the contents of their affidavits. Their recollection of the timing of events is supported by the documentary information that it is still available. [6] During the 1990’s Country Cottage undertook the development of a number of dwellings in Don Buck Roa...

7. Li & Gao v CAC 408 & Riley & Loughran [2016] NZREADT 31 [pdf, 146 KB]

   ...property; (b) directing Mr Loughran and Ms Riley to disclose to the appellants the name and contact details of the person who expressed interest in the property at $1.6 million conditionally; and (c) that such information be provided by way of affidavit. [4] The second respondents contend that we do not have jurisdiction to make such orders. The appellant submits that we should exercise our jurisdiction in this case and make the orders sought. Timeline of complaints process [5] A...

8. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...not made in the context of a criminal inquiry. The complaint to the Police had been initiated by Mrs EW’s welfare attorney, and supported by a representative from the organisation Aged Concern. Ms RP’s statement was not in the form of a formal affidavit. The statement was not signed. The statement is clearly recorded by Ms RP to be a presentation of her views. [34] I have given careful consideration to the statement made by Ms RP, and the criticisms Mr YM raises. [35] A signifi...

9. Parker v Maaka - Karamu D1B2C2 (2008) 196 Napier MB 290 (196 NA 290) [pdf, 280 KB]

   ...detail in the decision of Deputy Chief Judge Isaac in 196 Napier MB 297 Maaka v Parker & another (2005) Hastings 181 NA 1-13 at 181 NA 3 - 4. I will deal with notice to each ofthe Parkers separately. Notice to Cheryl Parker [23] In her affidavit, Cheryl Parker claims she shifted house in June 2006 and was not aware of any order being made against her on 8 July 2005. [24] Nowhere in her evidence does Cheryl Parker claim not to have received notices from the Court prior to h...

10. [2018] NZLCDT 10 Wellington Standards Committee 2 v Hay [pdf, 170 KB]

    ...intermediate parties. We regard this as an attempt to subvert the disciplinary process, which must be considered an aggravating feature. [17] Further, when that did not succeed, Mr Hay attempted to mislead the Tribunal by having a witness file an affidavit on the basis of a misapprehension he had created by failing to show her the affidavit she was purporting to answer.5 [18] When confronted with this at the hearing, we consider that Mr Hay lied to the Tribunal about his intentio...