Search Results

1. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...determination and sought a hearing de novo of the entire matter. [5] The parties agreed to proceed on the basis of an agreed statement of facts and, accordingly, no oral evidence was presented at the hearing. There was, however, an uncontentious affidavit produced on behalf of the plaintiff from a Mr Mark Williamson, whose position is described as “Deputy Director Conditions of Service and Employment, in the Directorate of Personnel Capability Development, Defence Personnel Exe...

2. [2012] NZEmpC 129 Liu v South Pacific Timber (1990) Ltd [pdf, 121 KB]

   ...daughters living in New Zealand, who are studying at school and university. He also has some unspecified property here. He appears to have returned from time to time in the past over the course of the last 12 months, having sworn some of his affidavits filed in these proceedings in New Zealand. However, it is clear that Mr Liu is living, and working, in China and has been doing so for at least six months. While he deposes that he intends to return to New Zealand at some stage, h...

3. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...specified in s 114(6) of the Employment Relations Act 2000 (the Act). [2] The application was dealt with on the papers before the Authority. Ms Ball gave evidence in these proceedings. No evidence was produced by the defendant other than an affidavit from the current National Human Resources Manager for the defendant, Ms Brosnan. Ms Brosnan has no direct knowledge of the events in question and deposed that Ms Ball’s manager at the relevant time (Ms O’Connor)...

4. [2009] NZEmpC WC 26/09 Parker v Silver Fern Farms Ltd [pdf, 47 KB]

   ...extend time is discretionary. In this regard, one relevant element may be whether the applicant has had his case dealt with fairly. In these circumstances, and because of the severity of the criticism of the Authority member, I directed that all affidavits be provided to the Authority member as a matter of natural justice and allowed him the opportunity to respond by memorandum, which he took. [29] The result of this has been a further plethora of evidence, both repetitive and n...

5. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...that GDL and/or TSCL have engaged Linfox to undertake the work of the striking and/or locked out employees? I consider the evidence of the unions alone, without taking account of the companies’ including the denials of relevant allegations on affidavit of their witnesses. [25] First, there are the newspaper publications. In its public notice of 29 August published in newspapers, the defendants’ holding company (Progressive) announced that it had implemented other methods of sup...

6. [2015] NZEmpC 115 Lever v Dick and Alexander interlocutory [pdf, 177 KB]

   ...1 Lever v Fitzgerald Trust [2014] NZERA Auckland 510. [2] When the proceedings were filed and served, no steps were taken by the defendants within the time prescribed by the Employment Court Regulations 2000 (the Regulations). 2 Affidavits as to service have been filed on behalf of the plaintiffs. It is clear from those affidavits that the defendants have been properly served and the proceedings have been brought to their notice. In addition, however, following such...

7. Western Bay of Plenty District Council - Pt Taumata 3A2B (2015) 128 Waiariki MB 49 (128 WAR 49) [pdf, 209 KB]

   ...out such road lines as necessary or expedient as part of any partition. In conclusion, Mr Bidois submits that it is appropriate that orders per s 323(1) of the Act are made to re-vest the land comprised in the road line, in Taumata 3A2B. Affidavit of Mr Flaherty [14] Michael Flaherty, a licensed cadastral surveyor and Principal of Flaherty Survey and Mapping Limited, provided an affidavit in support of the application. According to Mr Flaherty the road line has never been for...

8. [2015] NZEmpC 66 Su v iGolf Limited [pdf, 117 KB]

   ...proceedings. The challenge to the Authority’s determination was filed with the Court on 1 December 2014. On 5 December 2014, service of a copy of the statement of claim and the determination was effected on both defendants. This was confirmed in an affidavit as to service dated 4 February 2015. Annexed to this affidavit are documents from New Zealand Post’s courier service confirming delivery to Mr Zhang, both in his personal capacity and as a director of the first defendant...

9. AP v RE LCRO 322/2012 (22 August 2014) [pdf, 58 KB]

   ...complete control, as opposed to being partly dependent upon the acts or omissions of a third party outside the lawyer's control. For example, a lawyer should not give an undertaking regarding the filing of documents in a court or the swearing of an affidavit by the client unless the documents are in the lawyer's possession or the affidavit was being sworn at the time of giving the undertaking. Any such undertaking should be made subject to conditions; for example, on condition...

10. S Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 10 [pdf, 209 KB]

    ...their own costs. 2 O’Hagan v Body Corporate 189855 [2010] NZCA 65, [2010] 3 NZLR 486 at [129]. Page | 4 den Dorpe did not file a final response and he took no part in the hearing of this matter. Mr van den Dorpe had previously provided affidavit evidence for an unsuccessful removal application which I have taken into account despite him not being available for questioning. [10] Ms Dwan subrogated her claim to the Christchurch City Council as part of the settlement....