Search Results

1. JT v QI LCRO 273 / 2011 (7 September 2012) [pdf, 52 KB]

   ...Applicant was served with documents as directed by a court, which had decided (in March 1993) that the Applicant had an interest in the proceeding (involving the Applicant’s brother and wife) and should be allowed the opportunity of filing an affidavit. The Applicant also provided a copy of the Court hearing which took place the following month (April 1993), which showed that the Court was well aware that the Applicant had not been served as directed, and this was subsequently r...

2. [2018] NZLCDT 19 Auckland Standards Committee 2 v Name Suppressed [pdf, 92 KB]

   ...consider that general deterrence requires us to impose a period of suspension (which we did at the conclusion of the hearing) for four months from the date of the hearing. 4 Name Suppression [11] The practitioner has provided a lengthy affidavit which annexes medical information in order to support her application for suppression of name and details which might lead to her identification. Having considered this material, and the submissions of both counsel we determined...

3. [2017] NZEmpC 145 Cavanagh v Piha Memorial RSA Inc [pdf, 197 KB]

   ...Court an application seeking an extension of time to enable her to file a challenge. The application was not accepted for filing on this date as the supporting documentation was not compliant. On 11 September 2017 Ms Cavanagh filed a compliant affidavit in support of the application and an updated draft statement of claim. The application is recorded as filed on 11 September 2017. Ms Cavanagh also has filed submissions in support of her application. [6] In summary, the groun...

4. [2021] NZEmpC 63 Best Health Foods Ltd v Berea [pdf, 185 KB]

   ...The essence of the concerns raised by Mr Gu relates to the sequence of events leading up to Ms Berea’s termination of employment. [16] In my interlocutory judgment, I referred to the fact that the Court had not been assisted by any affidavit evidence with regard to the application for stay. In the absence of such evidence, the Court referred to the summary of events contained in the Authority’s determination to which the challenge relates. [17] It is plainly the ca...

5. Hines v Attorney-General (Application by Non-Party to be Heard) [2017] NZHRRT 9 [pdf, 153 KB]

   ...Commission Trust Board (CEC) gave notice under s 108(2) of the Act of its intention to appear and to call evidence on any matter that should be taken into account by the Tribunal in determining the proceedings. The application is supported by an affidavit by Ms TJ Kirkley sworn on 20 February 2017. The application [4] In these proceedings religious instruction in State schools is challenged. The plaintiffs contend a secular education should respect all views, not merely those that...

6. Staite - Tahorakauri A1 Sec 1 (Ohaki Papakainga) (2002) 76 Taupō MB 124 (76 TPO 124) [pdf, 257 KB]

   ...make this amendment because the majority of trustees do not wish to work with him. They have presented evidence and submissions demonstrating that. The trustees want him removed under section 240/93. The grounds they rely on are laid out in the affidavit of Mr Phillips dated 6 August 2002. Mr LaHatte submitted that there had been a paralysis of the Reservation Trust for some time and that the paralysis can not continue. Minute Book: 76 TPO 126 Mr Thompson should be removed to...

7. Aratema - Taheke Paengaroa (2001) 260 Rotorua MB 217 (260 ROT 217) [pdf, 919 KB]

   ...whether these applicants can succeed on the fourth ground, relating to what was said in 1995, but I do not need to decide that for I do not rely on it in what I now decide. Similarly I ignore exhibits "h" and "I" in Mr Hulton's affidavit. Minute Book: 260 ROT 218 It is of note in so far as the second and third heads of claim are concerned, the contract and fiduciary claims, that the other parties to those arrangements are not here. They are not joined, they a...

8. [2019] NZEmpC 58 New Zealand Tramways and Public Passenger Transport Employees’ Union v Cityline (NZ) Ltd [pdf, 226 KB]

   ...Preparation for first directions conference 0.4 892 13 Appearance at first or subsequent directions conference 0.2 446 22 Notice requiring disclosure 0.8 1784 23 List of documents on disclosure 2 4460 36 Defendant’s preparation of briefs or affidavits 2 4460 38 Defendant’s preparation of list of issues, agreed facts, authorities and common bundle 1 2230 39 Preparation for hearing 2 4460 40 Appearance at hearing for sole or principal representative *tim...

9. [2019] NZEmpC 60 Sexton v Lowe [pdf, 216 KB]

   ...pay or other items that were on-charged and made up the total rate at which he was charged to Fletchers. (b) Mr Lowe also must provide Mr Sexton with copies of the non- privileged documents listed in the sworn or affirmed statement. (c) The affidavit or affirmation is to be filed and served, and copies of the non-privileged documents listed provided to Mr Sexton within 20 working days of the date of this judgment. [17] As Mr Sexton is not represented, there is no order for cost...

10. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 18 KB]

    ...2.4 The applications by the first and second respondents for costs do not have equal merit. Mr Swan appeared for Mapei at conferences and filed an application for strike out. This was in the form of a one page letter with no evidence or affidavits provided in support. Mapei did not file a response to the claim and therefore did not call witnesses. At the hearing Mr Swan conducted limited cross-examination of some witnesses. The application for costs was not supported b...