Search Results

1. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...consider it appropriate to deal with the notice of application and notice of opposition on their merits, since both parties proceeded on the basis that these documents summarise the issues which need to be resolved. [11] Both parties filed affidavits supporting their positions. In her affidavit, Ms Van Kleef in summary referred to documents she had obtained from various sources which she submitted supported her contention that there were indeed further relevant documents...

2. Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) [pdf, 158 KB]

   ...a change of venue for the hearing of the Plaintiffs’ proceeding. The basis of the application is the allegation that death threats have been made against Mr Henare and his counsel, Simon Reeves. The application is supported by Mr Henare’s affidavit of 28 July 2015. The application is opposed by the Plaintiffs, who are represented by Peter Andrews. Stephanie Henry, the Second Named Fourth Defendant and Fifth Defendant, who is represented by Greg Presland, supports the applica...

3. [2017] EmpC 92 P v A [pdf, 111 KB]

   ...statement of claim; (c) there is no prejudice to the plaintiff if leave is granted to the defendant to file its statement of defence to the claim; (d) the overall justice of the case. [5] In support of the application, the defendant has filed an affidavit from C dated 3 May 2017. C is the People and Culture Manager for A. She is based in the 1 Employment Court Regulations 2000, r 19(2). New Plymouth branch of the def...

4. Brown v Christchurch City Council [pdf, 38 KB]

   ...this matter needs to go to a full hearing 3. It has been submitted the application concerning Ms Frankland cannot be determined at this juncture. The Tribunal rejects this submission. All relevant matters are before the Tribunal in either affidavit form or in the documents including the sale and purchase agreement. There is nothing to justify the expense of parties continuing in the proceedings if there isn’t sufficient evidence. In this case the fourth respondent was not...

5. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...of a fit and proper person to again be entrusted with the responsibilities and privileges of a lawyer and as an officer of the court. We examine whether this is correct in the next section. Applicant’s evidence [15] Mr Twigley provided two affidavits in which he described, in considerable chronological detail, the course of his life, both personal and professional, and the events which he considered had led him into misconduct. [16] Character references and affidavits in suppor...

6. [2010] NZEmpC 118 Burtton & Browne v Talley's Group Limited [pdf, 24 KB]

   ...the object of the Act. That requirement also applies to the Court on a challenge. Even if it did not, s 127(7) makes it clear that such a proceeding must be dealt with as an interim injunction would be. Such cases are dealt with generally on affidavit evidence and in respect of which leave to cross-examine any witness is generally required. The interlocutory procedures for document disclosure that apply to substantive hearings are generally inapplicable to such interlocu...

7. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...statement of defence and a further one and a quarter days ($2,350) are claimed for: ... 4.10 Filing memorandum for case management conference or mentions hearing 4.13 Preparation for hearing of defended interlocutory application and supporting affidavits 4.14 Preparation for hearing [6] Up until 1 February 2011, the defendant had been represented by Mr Higgins, in-house counsel with the Hospitality Association of New Zealand. Mr Higgins filed the statement of defence...

8. [2009] NZEmpC AC 7/09 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 22 KB]

   ...9.30am on Monday 30 March 2009. [8] On 18 December 2008, the plaintiff applied for an order extending the timeframe for the plaintiff to pay the money into Court from 19 December 2008 until 23 January 2009. The application was supported by an affidavit of Trevor David Steele, a chartered accountant in Taupo. Mr Steele deposed that his firm acted for the plaintiff and Mr Cribb, that the plaintiff had progressed significantly in organising a loan from the United States from whic...

9. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...application for leave to challenge out of time on 2 December 2005 (a Friday) and it was filed by Mr McLeod on 5 December, the following Monday. This made the application 4 days out of time. [4] Mr Tamarua’s application and a subsequently filed affidavit set out the grounds for leave to be granted. By consent it was heard on the papers. He says that, although the application is out of time from the date of the determination, it is still within the 28 days of his receiving a copy...

10. Mahanga v Sade - Horahora 1A1 (2017) 148 Taitokerau MB 237 (148 TTK 237) [pdf, 140 KB]

    ...applicant or, at his or her discretion, by the Registrar on the party against whom it is issued. (4) A party who has been ordered to give discovery must,— (a) within 10 working days after being served with a copy of the order, file in the Court an affidavit of documents in form 7 and serve a copy of the affidavit on the party who obtained the order; and (b) allow the party who obtained the order to inspect any document except a document for which privilege is claimed. (5) If p...