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...of action or that any damages had been incurred. In addition, Hally could not prove that Mr Powell had copied any other document belonging to it apart from the documents located at his home. This was despite allegations to the contrary in the affidavits supporting the application for search orders and the pleadings. Therefore, Hally discontinued the High Court proceedings against Mr Powell and Geon/Kiwi. 5 Employment Relations...
...about five weeks hence, on 10 March 2011. So reality dictates that this is likely to be the de facto substantive decision about the rights of the parties. [3] In these circumstances, the Court granted an urgent hearing of the challenge on the affidavit evidence which had been filed in the Authority together with some further affidavit evidence of relevant events that had occurred since 22 December 2010. [4] The need for a decision of this challenge is as urgent as was the need for...
...circumstances the 90 day time limit expired on 26 October 2004. [26] The plaintiff points out that Mr North expressed his lack of satisfaction with his rehabilitation following the 2 September 2003 injury in his 2005 letter and has confirmed this in his affidavit filed in this proceeding. The plaintiff says, therefore, that Mr North was aware of the acts or omissions that underlay his personal grievance because those were the acts and omissions about which he was dissatisfied and s...
...challenge (including a cross-challenge) must be pursued within the 28- day timeframe for filing a statement of claim.8 An application for leave to extend time will be required outside this timeframe.9 The delay will need to be explained by way of affidavit. It is also important to comply with timetabling orders. Seek orders from the Court in the appropriate manner if an extension is required. It is helpful if you have talked to the other side first. Non-publication orders? T...
...Katz J, 6 August 2013, at [64]. 3 Grounds [5] Ten grounds were set out in the application. Although Mr Orlov’s submissions were not filed until the evening before the hearing, it was possible to discern four main grounds from his affidavit in support. These were delay, legitimate expectation, lack of counsel combined with ill health, and bias. In the course of oral submissions Mr Orlov ranged over a number of topics which were helpfully summarised for us by Mr Hodge...
...inquire into the complaint and it issued a Notice of Hearing seeking responses by 7 July 2011. Neither CA nor the Complainant responded and the date for responses was extended to 1 August 2011. [52] CA’s response was to forward a copy of an affidavit sworn by the neighbour/friend of DP that sought CA’s assistance on her behalf. This was provided to the complainant and she responded to the Committee with comments on the content of that affidavit. [53] Following a furthe...
...PC13) issued 13 April 2017. The applications for certificates of compliance [3] While the application is worded generally, there are in fact a number of relevant applications for certificates of compliance before the Council. Ms K A Morrow's affidavit sworn 31 August 2017 summarises the applications for certificates which the Council had received since 13 April and before the end of August 2017. They are shown in the following table: Council Ref Date of Applicant Activity A...
...whom and characterised the exchange as: I don’t know, I mean I can’t say he, I can’t say he (Mr Godinet) didn’t, right, because I don’t recall exactly what was said. I recall it being a relatively heated exchange and I have said in my affidavit that it went from being uncomfortable to being extremely uncomfortable and my general sense of it at the time is that things were getting pretty heated but I don’t remember exactly what was said by people sorry.2 [19] Mr Ahern then...
...Aomarama Wilson, a previous and current trustee, which set out her understanding of the context surrounding consent to Mr Oppert's moving the bus on to the site. [6] In the circumstances the Court issued directions to the trustees to obtain an affidavit from Te Aomarama Wilson confirming her e-mail. Directions were given to Mr Oppert to provide documentary evidence of the consent of the trustees and owners to his occupation. The documents were required to be filed with the Cour...
...the Guideline Scale those attendances produce a potential costs order of $16,948, as shown in the following table from Mr Cleary’s submissions: Step Allocation Filing interlocutory application 0.6 Plaintiff’s preparation of briefs or affidavits (other proceedings) 2.5 Plaintiff’s preparation of list of issues, authorities and common bundle (other proceedings) 2.0 Preparation for hearing (other proceedings) 2.0 Appearance at hearing (other proceedings) 0.5...