Search Results

1. [2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School interlocutory [pdf, 115 KB]

   ...actions for damages for breach of contract, tort and breach of statutory duties and are the subject of this judgment. Issues of limitation have been raised. An application for leave pursuant to s 4(7) of the Limitation Act 1950 has been filed. Affidavits in support and in answer have been filed by the parties. The application was originally filed in proceedings numbered ARC 55/13 but it relates to ARC 25/14. 1 Cronin-Lampe v Bo...

2. Muller v Yerman [2015] NZIACDT 77 (25 June 2015) [pdf, 202 KB]

   ...paragraph [35] above (whether or not the Authority or the complainant make submissions); within 20 working days of the issue of this decision. [40.3] The Authority and the complainant may reply to any submissions made by the adviser and provide affidavits in reply to Ms Yerman’s explanation, within 5 working days of her filing and serving her submissions and outline. [41] The sanctions hearing, unless any party applies for an alternative time or location, will be set down for a half-...

3. [2013] NZEmpC 83 Davies v Dove Hawkes Bay Inc [pdf, 101 KB]

   ...challenge, so too I consider that a party on a de novo challenge such as this is entitled to rely on the Authority’s findings where they are not challenged by evidence before this Court. So the following account of relevant facts is taken from both affidavit evidence before me and the uncontradicted findings of fact in the Authority. [6] The relevant events affecting this question are as follows. Dove is a social work services agency focusing especially on domestic violence. Mr...

4. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...The 1 142 Whangarei MB 41-63 2 140 Whangarei MB 213 3 11 Taitokerau MB 224 51 Taitokerau MB 281 application is to be filed within 6 months and the plan is to be produced in the affidavit supporting the application and copies of the application and affidavit are to be served by the Trustees on those whose buildings may be located on the Trust’s property without their authority. After the application has been filed i...

5. Tautuku Block XIII Section 14 Trust v Cairns (2012) 16 Te Waipounamu MB 63 (16 TWP 63) [pdf, 178 KB]

   ...prepared to credit this amount to the rental outstanding under the lease; and h) therefore the total amount payable by the respondents under the lease as at the date of filing on 10 September 2009 is $17,763.65 plus GST. [11] Further, in his affidavit in support of this application, Richard Manning submits that: i) it is not accepted that the work claimed to be undertaken by the respondents was done as there is no obvious improvement to the land. The invoices for fertiliser pro...

6. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...an injunction. The terms of an injunctive order were not specified and there was no draft order lodged. Next was a memorandum by the applicant’s advocate which was materially identical to the application for injunction. Third, there was an affidavit by the applicant filed in support of the application for injunction. [3] In his pre-filing discussion with the Registrar, Mr Ogilvie referred to applying for a ‘Mareva order’ 1 which is the former name of what is now a...

7. Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 Block IV (2014) 321 Aotea MB 24 (321 AOT 24) [pdf, 208 KB]

   ...that Geraldine did not have any formal tenancy agreement with the trust. Neither was any agreement ever entered into between the trust and Bryce. In common with other occupants, Bryce has not paid rent either. [12] Ms Vivienne Taueki provided an affidavit dated 17 April 2014. I have also had the opportunity to hear directly from Ms Taueki today. Ms Taueki gave evidence that the trust have been endeavouring to develop a strategic plan to enable the trust to improve the houses to s...

8. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...settlement He was the plasterer alleged to be responsible for the damage arising from the faulty cladding. Mark van 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 settlem...

9. Perigo v Patel - Waerea me Winiata Whanau Trust [2011] Māori Appellate Court MB 41 (2011 APPEAL 41) [pdf, 186 KB]

   ...Waerea Unsigned letter to MLC Seeking to withdraw interests from mother from the whanau trust and to constitute a new John Jellicoe Waerea Whanau Trust. Beneficiaries are listed, excluding two step children 04/2002 John Jellicoe Waerea Affidavit This affidavit states that John was not aware that Waiariki and Tairawhiti lands were to be included in the Whanau Trust. Grounds for concern were that Johanne and Veronica were not his natural 2011 Maori Appellate Cou...

10. AI v ZR LCRO 102 / 2010 (11 February 2011) [pdf, 122 KB]

    ...discharge without conviction was prepared and filed on 9 November 2009 and the matter was called before Judge Epati on 13 November 2009. At that time, the matter was further adjourned to enable the application to be considered. [24] Exhibited to the affidavit sworn by the Applicant in support of the application, was a letter purportedly written by the Applicant’s employer. However, that letter had been forged by the Applicant, and he was in fact no longer employed by the purport...