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1. General Standards Committee 2 v Baker and Yoon [2019] NZLCDT 1 [pdf, 191 KB]

   ...noticed that on that front page was an unexplained payment of $29,601.00. [14] At that point, he confronted Mr Baker who explained that the money would be refunded within days from the sale of a property in which Mr Baker had an interest. [15] In his affidavit to the Tribunal Mr Yoon deposes: Due to the special relationship between Mr Baker and me, I made the mistake of relying on his assurances that the matter would be regularised within the foreseeable future. Mr Baker was my first...

2. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...causing further delays (thus increasing legal costs and increasing the financial burden for Frances). These applications have resulted in continual ‘Directions Conferences’ being scheduled to attempt to resolve the issues, which require that additional memos and affidavits must be prepared (at further expense). In many of these Directions Conferences Frances’s ex-partner has failed to provide requested documentation and meet timeframes stipulated by the judge, often meaning that furt...

3. Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) (2017) Māori Appellate Court MB 62 (2017 APPEAL 62) [pdf, 232 KB]

   ...discern the relevance of much of the material filed by the plaintiff with the result that the proceedings were ultimately struck out. [33] Turning to the grounds of appeal in the present case, we note that the respondents filed, in support, an affidavit of Tony Shepherd. In his affidavit Mr Shepherd states that he did not “go off the grid”. Instead the appellants terminated his instructions to act and requested that their file be uplifted from his Chambers. Mr Shepherd says tha...

4. Keepa - Te Touwai B16A (2019) 207 Taitokerau MB 109 (207 TTK 109) [pdf, 223 KB]

   ...house, until 20 to 30 years after first learning of the works. That is a significant delay in any assessment. 19 24 Kaikohe MB 153 (24 KH 153). 20 205 Taitokerau MB 143 (205 TTK 143). 21 Affidavit of Isabella Urlich sworn 15 May 2012, exhibit “B”. 207 Taitokerau MB 119 [46] The Keepa whānau explained that they did not act earlier as they are not familiar with Māori land law or the process to enforce their rights....

5. [2020] NZEmpC 13 Elisara v Allianz New Zealand Ltd [pdf, 223 KB]

   ...0.6 30 Preparation of written submissions 1.0 32 Appearance at hearing of defended application 0.5 (being the time occupied by the hearing measured in quarter days) 28 Filing interlocutory application (for supplementary affidavit) 0.6 30 Preparation of written submissions 1.0 29 Filing opposition to interlocutory application (for AVL evidence) 0.6 30 Preparation of submissions (by way of memorandum) 0.2 Total At $2,230 per day = 4.5...

6. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...its powers and performing its functions have to comply with the principles of natural justice? (b) Was the failure of the Authority Member to seek medical evidence as to the fitness of Mr Bennett critical? [26] Mr Bennett filed an affidavit in which he gives evidence about his history of burnout and depression, in particular in 2015 and 2016, including around the time the Authority was to have its investigation meeting for this matter, on 1 June 2016. [27] The affidavi...

7. [2021] NZACC 38 - ACC v White and Ovation NZ Ltd (19 February 2021) [pdf, 214 KB]

   ...and the new review decision might determine that he was not entitled to this cover. The Corporation instructed private investigators to locate Mr White and serve the above documents on him. [27] On 17 March 2020, a process server provided an affidavit of service stating that, on 2 March 2020, he spoke with a male who confirmed his name to be Tyronne White and served him with the supplied documents. [28] On 23 March 2020, counsel for the Corporation advised that Mr White has now...

8. LCRO 121/2021 RF v DE Law on behalf of ABC Services Limited (17 August 2022) [pdf, 211 KB]

   ...between DE Law and HI Law, matters were not resolved, with HI Law maintaining that the outstanding fees should be paid. [22] The resumed hearing came before Judge HW again in March 2020. Mr EU appeared for ABC. Mr RF gave evidence by way of an affidavit and judgment was entered against the two guarantors. 5 Above n 1, at [11]. 4 The complaints [23] Ms MB lodged complaints on behalf of ABC on 30 September 2019. In a letter to the Lawyers Complaints Service,6 Ms MB...

9. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

10. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [pdf, 309 KB]

    ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...