Search Results

1. [2023] NZEnvC 082 Royal Forest & Bird Protection Society of NZ Inc v Dunedin City Council [pdf, 1.6 MB]

   ...relating to the effects of the subdivision on biodiversity values. [3] I have read and considered the consent memorandum of the parties dated 31 March 2023 which proposes to resolve parts of the appeal. [4] I have also read and considered the affidavit by J Macleod dated 21 April 2023, who has satisfied me that the amendments proposed will achieve 1 ENV-2018-CHC-228. 2 Affidavit of Jane Macleod on behalf of Dunedin City Council dated 21 April 2023 at [8]. 3 the objectives of...

2. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...challenges. REA disputed the Authority’s determination of November 2021. Nelmac challenged the costs determination. [6] The challenges were heard together. By agreement the challenge to the costs determination was dealt with by the parties filing affidavits and written submissions. REA’s challenge [7] REA challenged the whole of the Authority’s determination seeking to set it aside. The union sought to place in issue the conclusion that it breached the duty of good f...

3. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...impacted his personal relationships. He also had difficulty concentrating and sleeping. In the event, Mr Pyne had to explore alternative work in Australia, with the personal upheaval involved in that. [43] I pause to note that while an affidavit was filed on behalf of Mr Pyne’s partner, which dealt with the impact on him from her perspective, his partner was not available for cross-examination. In the circumstances, I directed that, while the affidavit would be admitted,...

4. Collett - Lot 41 Deposited Plan South Auckland 4295 (Katikati Parish of Lot 2A1) (2025) 278 Waikato Maniapoto MB 175 (278 WMN 175) [pdf, 362 KB]

   ...tono: ngā tāpaetanga i tukuna ai i te rā 16 o Noema 2024, ā, tētahi kōrero taurangi i tukuna rā i [16] Counsel for the applicant relied upon the grounds filed in the application: submissions dated the 16th of November 2024, and an affidavit filed on the 13th of 278 Waikato Maniapoto MB 180 te rā 13 o Tīhema 2024 (tahi marama whai muri i te kōtitanga motuhake). December 2024 (one month following the substantive hearing). [17] Ka tīkina mai tētahi whak...

5. [2024] NZEmpC 91 (Judgment (No 6) of Judge M S King 28 May 2024) [pdf, 323 KB]

   ...from the respondent, FRD, in support of his application to discharge or vary the freezing and ancillary orders against the assets of the respondent.1 The applicant, STU, opposed the application and sought for the orders to be extended. Voluminous affidavits and exhibits and submissions were filed by all parties. [2] On 14 May 2024, I issued a short judgment indicating my conclusions.2 The application to discharge had not been successful and the orders were to be extended by fo...

6. [2011] NZEmpC 102 Broughton v Microsoft NZ Ltd second interlocutory [pdf, 68 KB]

   ...not appear to amount to a request for legal and human resources advice about a proposed strategy. Rather, they set out the strategy, or at least parts of it, itself. It is necessary in these circumstances to then consider what Ms Doherty, whose affidavit supports the claim for legal professional privilege in these documents, says about them. Ms Doherty says she was obliged to identify any risk that she saw associated with a proposed restructuring process and then to discuss that...

7. [2010] NZEmpC 58 Student Management Software Solutions Ltd v Gordon [pdf, 20 KB]

   ...defendant. It is agreed that two days will be required. [19] The representatives will confer as to whether evidence-in-chief is to be filed and served in advance either in the form of unsworn briefs of evidence, or sworn or affirmed affidavits. In either event, the plaintiff will file and serve its evidence-in- chief no later than 28 days before the start of the hearing with the defendant doing likewise within the following 14 days. [20] The plaintiff will collate, inde...

8. [2012] NZEmpC 33 Cruickshank v CE of Unitec Institute of Technology [pdf, 57 KB]

   ...further evidence after the case has closed and judgment has been reserved. [2] This is, as Mr Cook pointed out, the second application made by the plaintiff to introduce new evidence. The first was not opposed and has therefore been admitted in affidavit form. [3] The evidence sought to be introduced is said to be relevant to the remedy of reinstatement which Mr Cruickshank seeks and was not available at the hearing. There is no contest about that latter factor although some, at...

9. [2008] NZEmpC AC 43A/08 James Denyer v Les Griffen Ltd [pdf, 19 KB]

   ...costs. All the defendant had to do to dispose of the matter at that stage was to pay $1,049. In the absence of an application for leave to defend, the matters Mr Griffen apparently raised with Mr Denyer which are reported in Mr Denyer’s latest affidavit, cannot be taken into account by the Court. In his letter requesting an adjournment Mr Griffen had said that he hoped to have the opportunity to state his case. I concluded that the defendant had had ample opportunity to do tha...

10. [2009] NZEmpC AC 1/09 Allbright v Canon NZ Ltd [pdf, 20 KB]

    ...comply with it. When the Authority granted Canon’s application for an interim injunction, Mr Allright challenged that determination. The hearing took half a day and was conducted on the usual basis for interlocutory matters. Evidence was by affidavit with submissions heard in Court. The case for both parties was presented economically. [3] It is common ground that the defendant is entitled to an award of costs. It is only the amount which is in issue [4] For the d...