Search Results

1. [2014] NZEmpC 57 Radius Residential Care Ltd v Hammond Interlocutory [pdf, 47 KB]

   ...Authority dated 7 April 2014. 1 In addition to filing the documents necessary to commence the challenge in the Court the plaintiff has filed an application for stay of proceedings and that urgency be granted. The application is accompanied by an affidavit from the Human Resources Manager for the plaintiff and an undertaking as to damages. [2] The effect of the termination was that the plaintiff is required to reinstate the defendant to her position with the plaintiff with immedi...

2. [2020] NZEnvC 183 Te Mana o Te Wai Hapu Integration Roopu Charitable Trust v Northland Regional Council.pdf [pdf, 284 KB]

   ...the proceedings. Decision [5] Accordingly, the appellants are struck out. The appellants may apply to become involved in the proceedings again if they file application within the next ten (10) working days. This would need to be accompanied by affidavit explaining their reason for their non-compliance to date, and acknowledging that they would need to comply with further directions and are bound by actions that have occurred in respect of the proceedings to date. For the court:...

3. [2020] NZEmpC 214 Humphreys v Humphreys [pdf, 171 KB]

   ...person will be seriously compromised without that help.6 If the Court is satisfied (on the balance of probabilities) that a person lacks capacity they must be represented by a litigation guardian unless the Court orders otherwise.7 [5] While an affidavit setting out the details of the incapacity would generally be required, it is common ground that Ms Humphreys has Angelman syndrome and has been assessed as having very high needs. In the circumstances, and based on the material be...

4. [2016] EmpC 126 Sands v Serco NZ Ltd [pdf, 74 KB]

   ...counsel for the plaintiff wishes to use the sealed documents at trial, that request will be made to the Employment Court on notice to the other party. (h) The plaintiff will file and serve on the defendant, by midday on Monday 17 October 2016, an affidavit providing details of any incidences of disclosure of the defendant's property, documents, or information to third parties prior to the date of this joint memorandum, including particulars as to the time and scope of any...

5. [2020] NZEmpC 217 Kaukau T/A Sew & Sew v Hiri-Gualeni [pdf, 159 KB]

   ...In exercising this discretion, the Court must consider all the circumstances and balance the interests of both the plaintiff and the defendant.2 An order may be made if it is just in all the circumstances.3 [7] Ms Hiri-Gualeni has provided an affidavit in support of her applications in which she has given evidence of the cost and emotional strain to her as a result of the challenge. [8] She points to Ms Kaukau’s lack of engagement both in the Authority and in relation to the...

6. [2019] NZEmpC 176 Allied Petroleum Ltd v First Union Inc [pdf, 95 KB]

   ...granted urgency. The Court has a broad discretion to accord urgency to a matter.1 Allied is faced with the looming prospect of strikes which it says would be unlawful, extremely disruptive and costly. All of this was reinforced by the (untested) affidavit evidence filed by the General Manager, Mr Tennent. I did not understand the defendant to be contending that it would suffer any real prejudice if urgency was granted. As I say, the focus was on the merits of the substantive ap...

7. [2021] NZEnvC 157 - Ireland v Marlborough District Council [pdf, 148 KB]

   ...required to ensure one of the dwellings no longer constitutes a dwelling house as defined in the Proposed Marlborough Environment Plan (‘PMEP’). [2] At the same time, Mr Ireland made an application to stay the abatement notice, supported by an affidavit of Philippa Muir Ireland dated 29 September 2021. Abatement notice [3] The notice states that it is issued in order to require cessation of contravention of s9(3), RMA,2 rr 30.1 and 30.4 of the Marlborough Sounds Resource...

8. [2023] NZEmpC 61 FGH v RST [pdf, 157 KB]

   ...[405]. [3] On 31 January 2023, RST filed an application for costs. To date, no substantive response has been filed for FGH. [4] Rather, on 15 February 2023, FGH filed an application for a stay of the costs determination. FGH filed an affidavit stating that she had a substantial liability for her own costs in connection with the hearing. FGH stated that she had few assets and little ability to pay both her own and RST’s legal costs were the Court to order her to pay...

9. Form 53 Final Charging Order [docx, 54 KB]

   ...organisation: Filed by Person’s name, an authorised officer for the Your organisation’s role in proceedings, e.g. “plaintiff”, Enter the name of the organisation. On reading the interim charging order made in this proceeding on date, and the affidavits of name filed in this proceeding, and on hearing name, counsel for the judgment creditor, and name, counsel for the judgment debtor, this court orders that specify property to be charged stand charged with $ amount, being the amount, or...

10. [2024] NZEmpC 42 Talley’s Group Management Ltd v Hendry [pdf, 154 KB]

    ...He could not explain how that miscalculation occurred except to accept it was just a mistake on his part. [7] On 16 January 2024, the present application for leave to extend time to file the challenge was filed, supported by Mr Malone’s affidavit and a draft statement of claim. Analysis [8] The Court has jurisdiction to extend the time for a challenge to be filed.3 There are established principles applied to assist the Court in exercising that discretion, but the overar...