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1. [2021] NZEnvC 042 Baldock v Auckland Council Community Facilities [pdf, 1.5 MB]

   ...Waitemata Local Board conditions in granting authority to Community Facilities to enact the Resource Consent LUC60321424 [16] No express grounds were stated in Ms Baldock's application, but from the matters quoted above and the content of her affidavit dated 29 March 2021, and as noted in the introduction to this decision, I have discerned the fundamental ground to be that the Council is acting outside the scope and terms of its resource consent. [17] In response, Community Fac...

2. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...as a term of imprisonment against one of the directors of WSL, Franklyn Wai Shing, although he was not named as a defendant. [4] After discussion with counsel on 26 September 2019, I timetabled the filing of an amended statement of claim and of affidavits to enable an early hearing to be held on 17 October 2019. [5] Then, an amended statement of claim was filed for Mr Savage which clarified he was seeking a fine against WSL as first defendant, and a term of imprisonment against Mr...

3. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   ...interim injunction should be heard at the same time. The hearing was initially scheduled for 5 November 2020, but at the request of the parties who required more time to prepare, the fixture was rescheduled for 1 December 2020. [16] Voluminous affidavits, exhibits and submissions were filed by all parties. In submissions which NZTG filed shortly before the hearing, the company advised that it did not oppose the application for discharge made by Mr Glasspool. Accordingly, the or...

4. LCRO 181/2019 SL v GB (29 January 2021) [pdf, 281 KB]

   ...without success. On 6 May Ms SL instructed Mr GB to submit a settlement offer of $485,000 which the vendors rejected at the case management conference on 11 May.5 [13] By Friday, 27 May 2016, Ms PR had completed and filed Ms SL’s discovery affidavit. On 30 May Ms PR sent (by email) her first invoice, and report to Mr GB which he forwarded (by email) to Ms SL that day. Ms PR provided her second, 30 June 2016, invoice to Mr GB on 6 July 2016. [14] From 8 July 2016 until 15 N...

5. [2007] NZEmpC AC 14/07 Talakai v Amcor Flexibles Ltd [pdf, 20 KB]

   ...counsel, filed and served a notice of opposition to the application for leave. In March 2006 I directed that the application for leave be set down as a preliminary question given the substantial delay in its filing. Amcor filed and served an affidavit in opposition to the application for leave by its manufacturing manager. The Registry then set the application for leave down for hearing in early June 2006. That application was withdrawn on the date scheduled for its hearing. [6]...

6. [2011] NZEmpC 98 Snowdon v Radio New Zealand Ltd [pdf, 90 KB]

   ...recorded in a variety of judgments of this Court by my predecessor. I have a concern as to when, if ever, these proceedings would be brought on if I adjourn the fraud proceedings as requested by the plaintiff. [2] I am also very moved by the affidavit evidence before me from Radio New Zealand’s witnesses as to their health, their difficulties with this set of proceedings and the effect it has on them. As might have been demonstrated by my judgments 1 to date, I was very anxio...

7. [2011] NZEmpC 153 Broughton v Microsoft NZ Ltd 3rd interlocutory [pdf, 56 KB]

   ...determination 2 issued on 16 August 2011 dealing with questions of costs in the Authority, at least until the Court can determine Mr Broughton’s substantive challenge to the Authority’s substantive determination. 3 That application, supported by an affidavit filed by Mr Broughton, is opposed by the defendant. On 22 September 2011 Judge BS Travis minuted the file that if the application for stay was urgent it could be set down before a Judge but otherwise it could await the o...

8. WHT - Chair's directions for expert witnesses [pdf, 83 KB]

   ...must either give the expert witness a copy of this code of conduct, or be satisfied that the expert witness has seen the code of conduct and is familiar it. 3. An expert witness must comply with the code of conduct in preparing any report or affidavit for filing with the Tribunal, in the preparation of a proposed brief of evidence, in giving any oral evidence in any proceeding in the Tribunal, and when participating in a mediation. 4. The evidence of any expert witness who has not...

9. [2008] NZEmpC CC 16/08 Nordic Power Dessicants NZ Ltd v Legge [pdf, 15 KB]

   ...the matter was resolved within 14 days, the file would be referred back to a Judge. As there was still no response from Mr Jones or his firm, the file was sent to me. [9] On 26 September 2008, Mr Jones filed an application to withdraw and an affidavit in support. Mr Jones confirmed that this had been served on both the plaintiff company and on Mr Butler, the advocate for the defendant. I granted that application. [10] At my direction, the Registrar then wrote to the...

10. [2007] NZEmpC AC 38/07 Centurion GSM Ltd v McCarthy [pdf, 19 KB]

    ...proceedings pending the hearing and outcome of the challenges against the determination. The defendant has filed a notice of opposition to the application for stay. Both the application for stay and the notice of opposition are supported by affidavits. [3] The application for stay has come before me today, 22 June 2007. In view of the fact that the Court can now allocate an early fixture to this matter the hearing has incorporated a callover of the proceedings so that...