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1. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...the positions taken by the respective parties in both of these complaints. The complainant, and the Registrar’s position in this complaint [5] The complainant provided no submissions on sanctions for this complaint, but Ms Khetarpal filed an affidavit from the complainant’s husband saying he did not wish to see her penalised too much. [6] The Registrar reviewed the findings, and characterised the deficiency in the expression of interest (EOI) Ms Khetarpal filed as “so fundamenta...

2. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...practice. [11] Evidence supported the contentions in the submissions. The complainant, and the Registrar’s position in the Khan complaint [12] The complainant provided no submissions on sanctions for the Khan complaint, but Ms Khetarpal filed an affidavit from the complainant’s husband saying he did not wish to see her penalised too much. [13] The Registrar reviewed the findings, and characterised the deficiency in the expression of interest (EOI) Ms Khetarpal filed as “so fund...

3. Auckland Standards Committee 3 v PL [2016] NZLCDT 6 [pdf, 114 KB]

   ...Her enquiries did not reveal documents relating to the Joint Venture. She made an enquiry of R at the direction of the respondent who she said told her to search for any conveyancing files relating to units in the CC apartments (para 9 of her affidavit of 22 October 2015). That was on 17 July 2008. She and her team were under great pressure because the time for complying with the procedural order about discovery was about to expire. Following direction from the respondent she had...

4. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...point was scant and bereft of detail; if anything it tended to establish that the consequences of the strike would only affect LPC and its customers, rather than the general public. [35] Mr Parker, the Container Terminal Manager of LPC, filed two affidavits which contain evidence on this topic which should be evaluated. In the first he stated that should the proposed strike or strikes proceed, there would be substantial disruption to freight distribution. This would have, he said...

5. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

   ...4 Young v Bay of Plenty District Health Board [2013] NZEmpC 131. The application for variation of security for costs [5] Mr Young has now applied for a variation (or a revocation) of the order for stay. Although he has filed lengthy affidavits in support of this application and in opposition to the defendant’s application to strike his case out, most of their contents are of marginal or no relevance to the questions now before the Court. I will, nevertheless, attempt t...

6. LCRO 43/2019 KD v MX (19 February 2021) [pdf, 223 KB]

   ...… 36. … I reject the allegation at paragraph 12 of Mr KD’s complaint that I allegedly requested the children’s schools to limit his involvement in his children’s affairs (in any general or permanent way). 37. Ms QY has sworn an affidavit or affidavits about her various serious concerns and fears around Mr KD, and in particular, her fear about the children being removed from school without her consent, … 38. ... However, by the time of my letter, Mr KD had in fact ret...

7. UC v YW LCRO 165/2013 (30 November 2016) [pdf, 261 KB]

   ...“biased and handpicked (by the NZLS)” and this is “contrary to random allocation”. [32] Mr YW provided a four-page response to the application for review, dated 15 August 2013. He included a substantial body of documents (pleadings and affidavits) that had been filed as part of both the judicial review and some collateral interlocutory proceedings. [33] At the heart of Mr YW’s response was his concern that the [X] Court was not subject to supervisory oversight by the Hi...

8. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

   ...review [27] Mr AD filed an application for review on 9 December 2014. [28] In support of his application, Mr AD has filed two sets of relatively detailed submissions, one accompanying his application for review, and further submissions with an affidavit and bundle of case law filed prior to the hearing. Mr AD submits (and I record here the essence of his submissions while having careful regard to the entirety of them): (a) the Committee had erred in its decision; (b) his correspon...

9. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...plaintiff’s claim but failed to do so in a timely manner. [121] I am satisfied that Ms ZD did attempt to follow up with the plaintiff’s lawyer to ascertain the precise sum claimed in the summary judgment proceedings. I accept her submission that the affidavits that had been filed in the proceedings provided accurate account to the court of the sum paid by Mr and Mrs WN that had been overlooked by the plaintiff when the proceedings were first filed. [122] No conduct issues ari...

10. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

    ...[9] For completeness, the Authority’s order reinstating Mr Hickey was stayed by consent subject to him being placed on, and remaining on, NZQA’s payroll until further order of the Court.5 [10] The evidence at this hearing was provided by affidavit. Of necessity, it is untested. It goes without saying that the remarks in this decision are therefore provisional pending the Authority’s substantive investigation and should be seen in that light. What happened [11] New Zeal...