Search Results

1. Hingston v Hiroti [2016] Chief Judge's MB 672 (2016 CJ 672) [pdf, 316 KB]

   ...a consent form dated 18 April 2001 setting out the Waiāriki land interests he wanted vested into the whānau trust. A copy is reproduced for this report as follows: 2016 Chief Judge’s MB 676 8. The deceased submitted a sworn affidavit in support of his application. A copy is reproduced as set out below: I, Valentine Wiremu Kingi of Central Otago, Shearer, swear: That I am the applicant for the constitution of a whānau trust with respect to my interests i...

2. Beatson v CAC 416, Cripsin, Mordaunt & Property Brokers Ltd [2019] NZREADT 25 (9 July 2019) [pdf, 521 KB]

   ...where there are contradictions in the evidence of one of the witnesses whose credibility is in question. Eng Mee Yong authority is a case that is frequently cited in summary judgment applications in the High Court, when there is a conflict in affidavits. [35] The High Court considered the problem of how to choose between conflicting affidavits in the decision of Attorney General v Rakiura Holdings Limited:8 7 Eng Mee Yong v Letc...

3. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

   ...that, in these two proceedings, it has been difficult to engage the practitioner’s cooperation. Despite a number of directions to do so, at no stage has Mr Campion filed a written response to the charges in either matter. Nor has he filed any affidavit evidence. [8] Mr Campion was served on 16 October 2018 after difficulties arranging service by post, since he failed to provide a physical address. [9] Mr Campion did not attend the first telephone conference on 22 November, des...

4. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...obligation to the trust, no obligation to her, notwithstanding the previous relationship, that's your position? A. That's my position. [16] Counsel for Mr Williams relied on the view expressed by Matthew Charles Hay who swore and filed an affidavit in support of Mr Williams. Mr Hay is an expert practitioner in the area of trust law. He expressed the opinion that the payment was a trustee task and that Mr Williams was not acting as a lawyer. The conduct referred to...

5. [2024] NZEnvC 043 Barclay Management (2013) Ltd v City Rail Link Limited [pdf, 378 KB]

   ...process as set out in the designation conditions (the respondent’s position); or (b) If not authorised by the designation, a variation to the designation will be required (the applicant’s position). [9] CRLL acknowledges that none of the affidavits it provided are relevant to the determination of the issue, but notes that the affidavit of Mr Sinclair3 provides relevant background to the proceeding. 1 Dated 29 November 2023. 2 Agreed Statement of Facts and Issues to be Det...

6. [2024] NZEmpC 212 Kavallaris v Inframax Construction Ltd [pdf, 295 KB]

   ...Kavallaris ought to be reinstated on an interim basis. This judgment does not decide whether Mr Kavallaris was unjustifiably dismissed or disadvantaged, and it does not decide whether, if he was, that he will be reinstated permanently. [3] Numerous affidavits and lengthy submissions were made in support of and in opposition to the challenge. While there was a significant amount of evidence filed, it is important to emphasise that the evidence is untested, and while broad impressi...

7. [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) [pdf, 336 KB]

   ...suffered, and will continue to suffer, by the judgment sums remaining unpaid. They say they should, in the circumstances, receive the fruits of the judgments in full. It was not accepted that any amounts paid would not be recoverable. A copy of the affidavit which had been filed 19 At the time, a stay was also sought in respect of determining costs; this part of the application for stay was dismissed in my judgment of 7 March 2024, Cronin-Lampe v Minister of Education (in resp...

8. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   ...consider relevant to the matters properly at issue in this appeal and I have exercised the discretions available to the Authority under ss 108(11) and 109(3) and (5) of the 1982 Act to receive the relevant documents in evidence and also to receive affidavit evidence from ACC to explain the scope and purpose of the 1998 payment. I have also been guided by s 13 of the Evidence Act 2006, which provides that if a question arises concerning the relevance of a document, the Judge may examine i...

9. Consent to Adoption Order if identity of applicants is not known - A5 [pdf, 133 KB]

   ...……………………………………………………………………………………….. [full name] to adopt a child. [Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the eponent and in whose support it is filed.] d This document is filed by [name and address for service, and if filed by lawyers, the name and telep...

10. [2007] NZEmpC AC 49A/07 Landmarx Developments (NZ) Ltd v Raman [pdf, 16 KB]

    ...have been incurred. They do not appear to be reasonable for the defence of an application for leave when the law was clear and summarised in very recent decisions of the Court. The hearing was disposed of in 1 hour and 10 minutes. No affidavits were filed in opposition and the only document filed by the defendant was the notice of opposition itself and five pages of submissions in Court. [8] For a hearing of such duration on a straight forward matter I consider an...