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1. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determina...

2. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determin...

3. [2012] NZEmpC 116 Horton Media Ltd v Tither [pdf, 45 KB]

   ...to the freezing order, and ancillary orders, sought. The parties further agree that the respondent has assets to which the orders sought can apply. These are set out in detail in the interlocutory application, joint memorandum of counsel, and affidavit filed in support of the application. [7] An undertaking as to damages has been provided by the applicant, confirming its financial ability to meet an order for damages pursuant to the undertaking. [8] Issues relating to the posit...

4. [2008] NZEmpC AC 26A/08 Oldco PTI Ltd v Houston [pdf, 15 KB]

   ...because of Oldco’s complete disregard for its obligations to satisfy earlier orders of this Court (and the Employment Relations Authority), and because of the manner in which it has conducted itself in the litigation as s et out in Mr Houston’s affidavit. 15. But for that conduct and approach, it would have been appropriate for the usual 66% rule to apply. However, in these circumstances, it is submitted that an award of full solicitor-client costs is justified. Altern...

5. [2006] NZEmpC AC 61/06 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 17 KB]

   ...a clause that required to be interpreted in the light of the Holidays’ legislation. Those are the issues presently before the full Court. [6] It also appears from email communications to the Court from the applicants and from the unsworn affidavit of Mr Gary Froggatt filed by the plaintiffs that the applicants have brought their own application in the Authority and are not happy with the way in which the Authority has dealt with it. If they have any such concerns these are m...

6. [2016] NZEmpC 47 Gather Supermarket Chain Ltd t/a Italia Square v Faulls [pdf, 80 KB]

   ...Employment Relations Authority 1 and an application for stay of execution of the remedies awarded by the Authority. [2] On 10 December 2015 the defendant filed a statement of defence and a notice of opposition to the application for stay and an affidavit in support of that opposition. [3] The plaintiff’s statement of claim included an address for service, a landline telephone number and an email address for service. Those addresses for service have remained unchanged since that...

7. Benjamin - Te Puna 154D3B2B (2003) 73 Tauranga MB 235 (76 T 235) [pdf, 555 KB]

   ...associates have uprooted her plants, removed her fence, assaulted and threatened her, and prevented her and her family from having access to her property by parking their vehicles on the accessway to the property. The Applicant has attached to her affidavit a copy of a notice dated 16 December 2003 from Mr Smith giving her 7 days to remove her possessions from his property, as evidence of the likelihood of Mr Smith taking action against the Applicant's property. For these rea...

8. Finlay v Baker [pdf, 54 KB]

   ...concluded that it was fair and appropriate in all the circumstances for him to be removed Mr Lamb This application was deferred as it is dependent on Mr Baker’s removal application Joinder Mr Donaldson Mr Baker applied to join Mr Donaldson. Affidavit evidence was produced to show that Mr Donaldson was not involved in this building in a way that would make him liable to the owner. The application was declined without opposition Tauranga City Council This application was defe...

9. Smallman - Te Rangi Kaiamokura [2019] Chief Judge's MB 66 (2019 CJ 66) [pdf, 207 KB]

   ...and Hingaia do not whakapapa to Marotoa except that the deceased married Marotoa by third marriage; and (c) The deceased and Hingaia are not of blood. [3] The applicant filed in support of his application copies of the following documents: (a) Affidavit of due execution for Kohatu Waihakeke also known as Waihakeke Rewha or Ngāmotu; (b) The Will of Kohatu Waihakeke also known as Waihakeke Rewha or Ngāmotu dated 26 March 1959 and probate dated 1 February 1963; (c) The applicati...

10. [2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd [pdf, 173 KB]

    ...that NIWA has no evidence that she could not pay costs if she was unsuccessful; her challenge has merit and no evidence has been supplied that NIWA would be injuriously affected if security for costs is not ordered. [4] Ms Ashby has provided an affidavit which largely covers substantive matters rather than her ability to pay. However, she notes she has a very supportive family and group of friends that help her during difficult times. She acknowledges that she was bankrupted af...