Search Results

1. [2014] NZEmpC 102 Yan v Commissioner of Inland Revenue [pdf, 69 KB]

   ...(the Authority) finding that his dismissal was justified. 1 The defendant subsequently filed an application for security for costs (in the sum of $25,000) and a stay. The application was opposed. Both parties filed extensive submissions and affidavits in support of their respective positions. The parties wished to be heard orally on the application and a hearing by telephone was convened for this purpose. 1 Yan v Commissioner of...

2. [2014] NZEmpC 131 Patel v OCS Ltd [pdf, 68 KB]

   ...before the Court to suggest that the offer was reasonably declined. I conclude that it was unreasonable for Ms Patel to decline the defendant’s offer and that an increase in costs is justified on this basis. [16] The plaintiff has filed an affidavit setting out details of her financial position. It is established that the ability of an unsuccessful party to pay an award of costs is a matter which can properly be taken into account if such payment would cause the...

3. ENVC Hearing 6Oct14 AT suppl evidence Aut Karndacharuk [pdf, 134 KB]

   ...and not to advocate for Auckland Transport (‘AT’). Scope of Evidence 4 This supplementary statement of evidence firstly addresses the traffic and transportation implications of the proposed Explore Waiheke ferry service, described in the Affidavit of Anthony Blom, dated 1 October 2014. 5 Secondly, it documents my updated views after reviewing David Mitchell and Mark Apeldoorn’s statement of evidence in reply (‘EIR’) as well as the supplementary statement of evidence...

4. O'Leary - Waitahanui No.6 Block (2011) 262 Aotea MB 95 (262 AOT 95) [pdf, 121 KB]

   ...99 show clearly how the plan would be impeded if its status remained as Māori freehold land. [18] In the present case the Applicant describes the plans he has for development of his land in general terms only in paragraphs 12 to 16 of his affidavit. There is no detailed evidence of any specific development plan or proposal, including any evidence as to the level of expenditure required, proposed timeframes, and whether development would require third party investment. Nothin...

5. Auckland Standards Committee v Eichelbaum [2014] NZLCDT 23 [pdf, 33 KB]

   ...approaching a presumptive entitlement to suppression. …” where it said at paragraph [3]: [16] Thus we move to consider the more specific circumstances relied upon by this practitioner in support of his application. [17] Mr A has sworn three affidavits in support of this application, the final one of which provides the most compelling reasons to support it. We accept that the practitioner has a particularly unusual surname, indeed a name which, in New Zealand, is restricte...

6. Waikato Bay of Plenty Standards Committee v Deobhakta [2014] NZLCDT 50 [pdf, 132 KB]

   ...transcript would show that he said at the hearing that he did not recall receiving $4,000 in cash rather than having denied receiving it. He said that was an integral issue in the consideration of penalty. [5] He wished as well to rely on an affidavit sworn by Donald Drummond on 6 August 2014 which he said was evidence by way of rebuttal of “alleged corruption in NZLS”. [6] Mr Clancy for the Standards Committee opposed the request for adjournment. He submitted that the prac...

7. [2016] NZEmpC 45 Industrial Equipment Distributors Lifting Centre Ltd v Spark NZ Ltd [pdf, 131 KB]

   ...issued directions that the proceedings be served on the Chief Legal Officer of each of the respondents, or on the office of its legal counsel. It was also directed that if any of the respondents intended to oppose the application, notice of and affidavit evidence in opposition was to be filed within 21 days of the date of service. [3] I am satisfied that the second respondent was properly served with the application, relevant supporting documentation, and the minute of Ch...

8. LA - Part 2 - Areas of Law Family [pdf, 710 KB]

   ...certificate/s or • An equivalent course that consists of most of the following components (tick relevant):   Gathering the facts of the case   Understanding what material to include in various court documents and why   Producing effective affidavits   Developing successful strategies   Presenting effective arguments in court   Ethics   Family court procedures   Protection orders   Interviewing skills   Managing difficult clients   Parenting orders �...

9. LA - Part 2 Areas of Law Civil [pdf, 5.8 MB]

   ...Finding the facts Developing the theory of the case Developing the strategy of the case Progressing the case Preparing pleadings, including: purpose, principles, precedents, statements of claim, notice of application for summary judgment, and affidavits Preparing for Court Writing a synopsis Oral presentations. Date when completed D D / M M / Y Y Please attach the course certificate/s other (including where faculty member or presented course) Relevance to area...

10. DEF v Accident Compensation Corporation & KLM (Jurisdiction Objection) [2014] NZHRRT 27 [pdf, 46 KB]

    ...[7.1] ACC has not taken a position on the objection to jurisdiction. In that respect it abides the decision of the Tribunal on the challenge. [7.2] After the Chairperson issued a Minute on 28 February 2014 drawing attention to the absence of affidavit evidence establishing the facts on which the Tribunal was to decide the protest to jurisdiction, the Privacy Commissioner explicitly conceded the facts as asserted by the second defendant and advised that no evidence would be necessary....