Search Results

1. [2012] NZEmpC 177 Rimene v P J Doherty & Natusch Group Ltd [pdf, 61 KB]

   ...one of his employment benefits and he claims that he continued to work for Mr Doherty beyond 1 June 2009 which was the date the Authority found that the employment relationship had ended. He seeks an award in the sum of $25,399.13. [7] In an affidavit in support of Mr Rimene’s application for leave to apply out of time, Ms Kay-Anne van Zyl, a law clerk employed by Mr Rimene’s solicitors, deposed: 3. The Applicant indicated to us that he would appeal certain parts of the...

2. [2012] NZEmpC 196 Superior Motor Cycles Ltd v Patterson [pdf, 66 KB]

   ...business bank manager for an extension of the company's credit and loan facilities. However, any finance application must be approved by the company's bank. [4] To establish these grounds, the plaintiff relies on evidence contained in an affidavit sworn by Mr Bellamy, the managing director of the plaintiff. In summary, Mr Bellamy says that the plaintiff has not been trading profitably in recent times, that it is greatly indebted and that it has exhausted its loan faciliti...

3. [2015] NZEmpC 211 ITE v ALA interlocutory [pdf, 85 KB]

   ...Chief Judge directed that further evidence be filed in support of the application. His Honour’s reasons for granting the orders are set out in his interlocutory judgment. He concluded that: 2 I am now satisfied from a consideration of detailed affidavit evidence filed by the defendant and submissions made by counsel for the defendant, that there should be an interim order prohibiting from publication the names or other information identifying the parties. The grounds for this...

4. [2013] NZEmpC 134 Hallwright v Forsyth Barr ltd [pdf, 66 KB]

   ...statements that are reasonably incidental to the negotiations; Field v Commissioner for Railways for New South Wales (1955) 99 CLR 285, 292. If they are independent of the negotiations, they are admissible in evidence. [10] While a number of affidavits were filed setting out the background to the correspondence, and what was said to be the plaintiff’s intention when he wrote the letter of 26 July, the documents speak for themselves. Part 2 of Exhibit A (which contains a withou...

5. [2013] NZEmpC 144 Jerard v Wildbore [pdf, 63 KB]

   ...am prepared to give Ms Jerard one final opportunity to explain her behaviour. She has until 4pm on Friday 12 July 2013 to file and serve any submissions she wishes to make regarding the Authority’s good faith report and to provide evidence in affidavit form of the facts she relies on in those submissions. If she fails to do so, the current proceeding may be regarded as either abandoned or vexatious and struck out. [11] I direct that this minute be sent to Mr Pullar, to Ms Coulst...

6. [2014] NZEmpC 109 Hixon (Labour Inspector) & Collins v Campbell Ors interlocutory [pdf, 62 KB]

   ...take any steps in the proceedings will expire on 21 July 2014. 3 Although we do not doubt the truth of what counsel has told us, we consider that these matters should be established by evidence on affidavit rather than by memoranda of counsel. [15] In the circumstances, there is, regrettably, no alternative but to vacate again the hearing in Wellington on 1 July 2014. [16] The new date of hearing in the proceedings will be Mon...

7. [2014] NZEmpC 226 Lund South Ltd v Low [pdf, 99 KB]

   ...6 Counsel for the defendant have submitted that two-thirds is $26,603.02 which is not consistent with the arithmetical summary of the defendant’s invoices in the annexed schedule. 7 Evidence Act 2006, s 57. [9] This resulted in an affidavit being filed and served for LSL, which annexed the relevant correspondence thereby overcoming the question of whether evidence had been placed before the Court properly. [10] In order to determine the question of privilege, I have...

8. Middleditch v CAC 20004 & Kerdemelidis-Kiesanowski [2014] NZREADT 62 [pdf, 27 KB]

   ...interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make 1 or more of the following orders: …" [4] The application for name suppression is supported by a concise affidavit from the appellant deposing, inter alia, that until the appeal is determined it is not appropriate to state that he has engaged in unsatisfactory conduct; that publication will "potentially" cause him financial hardship and...

9. Auckland Standards Committee 1 v Latton [2017] NZLCDT 14 [pdf, 61 KB]

   ...and in respect of which there is insufficient time to instruct replacement counsel. He has engaged Mr M, a senior barrister and solicitor of 32 years experience, to provide advice in relation to the management of his practice. Mr M has sworn an affidavit in which he sets out the detail of the mentoring programme. [8] The respondent accepts that he should be fined, censured and pay costs. His counsel has argued against a penalty of suspension from practice for the reasons that h...

10. Auckland District Law Society v Garnett [2009] NZLCDT 15 [pdf, 78 KB]

    ...to file submissions in response to the cost schedules provided by the Society and that her submissions were to be accompanied by a Declaration of her Financial Means and their Sources. [20] On 16 November no submissions were received but an affidavit from Ms Garnett setting out what she describes as her financial means and their sources was filed. This sets out her total income in the 52 weeks covered by the declaration as $84. In the same period she declares hire purchase pa...