Search Results

1. [2012] NZEmpC 46 Progressive Meats Limited v Pohio & Anor [pdf, 45 KB]

   ...agreement. The Authority concluded, in a determination 2 dated 30 September 2011, that neither party succeeded with their respective competing positions. In its statement of claim, the plaintiff challenged the whole of the determination. [5] An affidavit from Mr Eric Mischefski, a full-time organiser with the New Zealand Meat Workers & Related Trades Union Inc, has been filed in support of the application for leave. Mr Mischefski deposed that he had been involved in repres...

2. [2013] NZEmpC 77 The Salad Bowl Ltd v Howe-Thornley [doc, 45 KB]

   ...defendant, was issued on 1 February 2013. The plaintiff’s challenge was filed in time on 28 February 2013. The defendant’s statement of defence was filed on 11 April 2013 and this application for stay was filed on 3 May 2013, although without supporting affidavit evidence which has now been supplied. The defendant has now filed a notice of opposition to the application for stay of execution although, as yet, without evidence. [4] The defendant’s opposition is based on three grounds....

3. [2013] NZEmpC 177 Kereru Investments Ltd v Meads [pdf, 56 KB]

   ...the High Court at Palmerston North on 19 April 2013. No further information has been provided to the Court regarding the liquidation application. [7] A copy of Ms Meads’ memorandum was served on Kereru Investments Ltd on 31 July 2013 and an affidavit of service was provided to the Court. [8] On 12 August 2013, I issued a further minute expressing concern that no response had been received from the plaintiff to my minute of 26 July 2013 or to Ms Meads’ memorandum. I requested...

4. CAC 10063 v Raj - Penalty Decision [2012] NZREADT 62 [pdf, 20 KB]

   ...this case and the submissions of counsel. It does not consider any of the material relating to the commission (or otherwise) of the offence. It has considered the submissions on penalty. Mr Barron-Afeaki submitted that Mr Raj had no monies but no affidavit of assets and liabilities have been presented to us. The evidence shows that at least $30,000 in cash was unaccounted for at the end of the transaction. While the evidence did not establish conclusively that Mr Raj still has this m...

5. Application for review of attorney’s decision - PPPR25 [pdf, 18 KB]

   ...……………………………………………………………………………………….. [occupation] Person the application is about [Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the deponent and in whose support it is filed.] This document is filed by [name and address for service, and if filed by lawyers, the name and telephone number of the...

6. CAC 10053 v Beiszer [2011] NZREADT 5 [pdf, 86 KB]

   ...Having heard the Defendant today the Tribunal is of the view that the Defendant admitted the particulars of the charge but not the gravamen of it that his conduct was disgraceful under s 73(a). [5] Mr Hodge for the Committee produced before us affidavits from a number of witnesses, David Soar and Kevin Deane and Stephen Shale, and those witnesses in essence set out the circumstances under which the comments in the Facebook were made by the Defendant. [6] As we have said it is...

7. [2016] NZEmpC 52 Industrial Equipment Distributors Lifting Centre Ltd v Spark NZ Ltd [pdf, 63 KB]

   ...of the first respondent, because as I noted in the first judgment, the Court had not received any advice as to service of the proceedings on that party. 2 [4] I have now received a memorandum from counsel for the applicant which annexes an affidavit of service of all relevant documents on the first respondent, and states that advice of service had not been previously been given to the Court through inadvertence. [5] I am now asked to make the orders sought against the first re...

8. Tabram v Slater [pdf, 19 KB]

   ...was considered by the Tribunal to be fair and reasonable (this sum was based on one third of the District Court scale costs on a 2B basis and half the costs of its expert). Costs Application by MPTL During the proceedings, Mr Slater provided an affidavit supporting the opposition to MPTL’s application for removal stating that Mr Paul inspected Mr Tindale’s work, and that it was “extraordinary” that Mr Kathagen denied the origin of the producer statement and workmanship guarante...

9. WHT - Code of conduct for expert witnesses - Chair's Directions [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...

10. [2017] NZEnvC 195 Duke v Auckland Council [pdf, 110 KB]

    ...for the alteration of an existing boat shed and construction of a helicopter landing pad within the boat shed at 75 Sarsfield Street, Herne Bay. [2] The appeal was accompanied by an application to commence the consent under s 116 of the Act. An affidavit by Mr Paul Arnesen was filed in support of the application. The application [3] The appeal relates to one condition, namely condition 7 which restricts helicopter activity to "A maximum of 3 flights (3 arrivals and 3 departures...