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1. [2024] NZEmpC 141 Byrne v Coverstaff Recruitment Group Ltd [pdf, 218 KB]

   ...security for costs. [3] The plaintiff did not file a notice of opposition to the defendant’s strike-out and security for costs applications. However, on 22 December 2023, he applied for leave to file a notice of opposition but failed to file an affidavit alongside that application. [4] On 23 May 2024, the defendant applied for the Court to order that unless the plaintiff files an affidavit in support of his application to file a notice of opposition within seven days, his appl...

2. [2018] NZEnvC 225 Royal Forest and Bird Protection Society Incorporated v Canterbury Regional Council [pdf, 3.8 MB]

   ...that a declaration will issue to the effect of declaring the Advice Note invalid and unlawful. The Regional Council's supplementary submissions and evidence on Phosphorus [3) Together with its supplementary submissions, the Council adduced an affidavit of Dr Adrian Meredith, its Principal Surface Water Scientist and a supplementary affidavit of Mr Ian Whitehouse (a Council officer, whose evidence in support of the Council's case on the application is referred to in the Int...

3. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...no such evidence is provided to our satisfaction then the orders of Judge Reeves for repayment on this issue will be affirmed. [10] We granted leave to file additional evidence on or before 12 June 2019. The second appellants subsequently filed affidavits by Robyn Power and John Butler, dated 12 June 2019. There was also an attempt to file supplementary affidavits by both John Butler and Ms Power, dated 28 August 2019, well outside the two-month period that we had granted. No lea...

4. [2007] NZEmpC WC 28A/07 PPCS Ltd v Vakapuna [pdf, 30 KB]

   ...2007 Judge Shaw extended that interim stay until today when a hearing of the plaintiff’s application was scheduled. [9] The application for stay is opposed. Indeed, it is fair to say that it is vigorously opposed. [10] Numerous affidavits have been filed; four in support, and four in opposition. I have considered the contents of those affidavits carefully. I have also had the benefit of thoughtful submissions by counsel for both parties. [11] The starting point...

5. [2012] NZEmpC 25 Air New Zealand Ltd v Milne [pdf, 117 KB]

   ...Reference is made to her financial situation and her failure to meet the costs award in the Authority, despite requests that she do so. Third, it is said that the respondent’s claims lack merit and that responding to them will be costly. [5] An affidavit has been filed in support of the application. Mr Gaskin points out that the Authority’s investigation meeting took place on 1 and 2 September 2010, with further information being filed with the Authority. He traverses the co...

6. The Maori Trustee v Erueti - Succession to Momona Tamihana (2022) 448 Aotea MB 63 (448 AOT 63) [pdf, 229 KB]

   ...whether Te Uira Dee-Dee Anne Davidice (Dee-Dee) is entitled to succeed to the general land interest. Her entitlement is challenged by Lara Erueti. [4] I heard the matter on 15 November 2021 and adjourned to allow service of the minutes and Lara’s affidavit on Dee-Dee, with leave for further submissions and evidence in writing.2 [5] No further submissions or evidence have been filed and I now determine who is entitled to succeed to the estate of Momona and make the appropriate ord...

7. Miscarriage of justice - Scott Watson - K McDonald's final report March 2011 [pdf, 2 MB]

   ............................................................. .. Mr Wallace's description of the location of the boat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confession to murders to secret witness A and the Affidavit of [.OlQt.] in relation to the Trial evidence of secret witness B ................................... . Additional ketch sightings ..................................... . Timing of...

8. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...notice of objection was received from Mr Faleauto. [8] The First P Charge and the Second P Charge had both been laid by Complaints Committee No. 2 of the Auckland District Law Society (“CC2”) in December 2008. The charges were supported by an affidavit (dated 11 December 2008) of Mr Laubscher, the Professional Standards Director of the Society’s Auckland Complaints Service. [9] In respect of both P charges Mr Laubscher deposed in his affidavit of 11 December 2008 that CC2...

9. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...rejected all allegations of breach of their professional obligations. [8] The Standards Committee distilled the complaints to be considered as being a consideration as to whether the lawyers had: • been conflicted; • knowingly presented a false affidavit to the court; • refused to complete the retainer; • failed to respond to reasonable requests from the client; • provided an incompetent service; • breached their fiduciary duties; 3 • provided inadequate...

10. [2021] NZEnvC 191 Kapiti Coast District Council [pdf, 919 KB]

    ...the date of public notification of those proposed amendments. If appeals are lodged against any of the decisions on PClA the operative date for the rules could be delayed by months pending resolution of the appeals.3 [4] The Council lodged an affidavit sworn by Christine Anne Foster (a resource management planning consultant) in support of its application. Background [SJ Clause 3.38 of the NPS-UD 2020 provides: 3.38 Car parking (1) If the district plan of a tier 1, 2, or 3 terr...