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1. Guest v New Zealand Law Society [2010] NZLCDT 16 [pdf, 69 KB]

   ...this amount from a client in cash at a Court hearing and he had kept this sum for himself, justifying this action on the basis that he was not being properly recompensed for his work and expenses. The Appellant then swore and filed an Affidavit in which this matter was addressed and at all times then and afterwards the Appellant accepted that he had acted very wrongly in taking the sum of $100.00. In our Decision of 6 October 2009 we dealt with this issue in the follow...

2. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...the property for residential purposes relies on the land use consent. [21] Sixteen of the 18 titles issued are now owned by third parties, with MTP retaining ownership of two titles.18 Building consents or concept drawings have 12 Johnson affidavit affirmed 22 September 2022 at [48] identifies that by Westland District Plan Table 5.7(g): Rural Zone buildings and structures are required to be a minimum of 150m from MHWS as permitted and controlled activities with no limit for disc...

3. Linstead v Tohu - Te Horo 3 No 1-31 (2024) 276 Taitokerau MB 273 (276 TTK 273) [pdf, 289 KB]

   ...an interim injunction required in order to maintain the status quo until the partition and partial termination of trust applications have been heard? The application process [26] The applications were both filed on 4 September 2023. A joint affidavit in support of the applications was filed by Mr Kenneth Linstead and Ms Janeene Panoho dated 3 September 2023. [27] Further evidence was filed by the applicant on the 12 th of September in support of the Partition application. That...

4. [2018] NZEmpC 27 Talbot Agriculture Ltd v Wate [pdf, 173 KB]

   ...[35]. (c) Mr Wate is a Solomon Islands citizen and the company was (at the time of the application) unaware if he was residing and working in New Zealand. [6] It took some time for Talbot Agriculture to support the application with an affidavit, but one from Jeremy Talbot was eventually filed on 23 February 2018. The grounds for this application for a stay have been explained in more detail by that evidence. [7] The company has sought a stay because it is concerned th...

5. AB v XY LCRO 82/2013 and 379/2013 (9 June 2014) [pdf, 161 KB]

   ...AB received instructions to obtain a Charging Order against Ms XY’s interest in a property in [city]. The registered proprietors of that property were Ms XY and LMZ Ltd. [10] In support of the application for the Charging Order Mr XV swore an affidavit in the form required by the District Court Rules in which he deposed that Ms XY was “beneficially entitled to the …” property. [11] On 18 January 2011 the District Court issued a Charging Order against the interest of Ms XY...

6. [2019] NZEnvC 107 Tonea Investments NZ Limited and Studio New Zealand Limited v Auckland Council [pdf, 16 MB]

   ...they had declined to provide . [7] Alpha sought access to the following documents: a. In relation to the application for confidentiality referred to at paragraph [2] of the Decision : i. The application for confidentiality and any supporting affidavits, memoranda and other material; ii . Any documents or other information provided to the Court regarding Alpha's judicial review proceedings; iii. Any notice of opposition or response from the Council; iv. Any written legal sub...

7. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 19 (3 July 2024) [pdf, 271 KB]

   ...the filing fee had been paid on her practice credit card or would be paid that day. She anticipated the payment by [Ms H] to be a refund of a disbursement incurred on her behalf at or about the same time payment was sought; [Paragraph 113 of her affidavit and paragraphs 4.1 and 4.11 of [Ms H’s] first affidavit]; 1 Pursuant to s 241 of the Lawyers and Conveyancers Act 2006 (LCA). 2 Charges 1 and 3, which are attached as Schedule 1. 3 Charge 2, also included in attached Schedule...

8. Edwards - Succession to Ngarangi Kanoa Babbington [2021] Chief Judge's MB 755 (2021 CJ 755) [pdf, 535 KB]

   ...discuss this so please make an appointment. c) Letter dated 26 July 2001 from Rishworth, Wall & Mathieson, Barristers and Solicitors of Gisborne relating to “Your Affairs” which states: Please find enclosed a draft of your mother’s affidavit. Could you please just go through it with her and discuss with her whether she wants to go ahead and have the affidavit signed and sworn. If she does go ahead, there is a possibility that if Kanoa's family opposes your ap...

9. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...provided a further response to Mr JM’s complaint. [28] Ms MD submitted that: (a) the complaint was misconceived; and (b) 3 of the ZEN lawyers who had involvement with the file considered that Mr JM had provided valid instructions; and (c) Affidavits sworn by Ms PQ and Ms MD confirm their understanding that Mr JM had provided instructions; and (d) Mr JM had ample time following receipt of the legal services agreement to confirm that he did not wish for work to proceed; and...

10. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

    ...of a total of .500000 shares in Tutaekuri B13, which are at present in the name of Huru Cotter, the transferor in this case. Huru Cotter resides in Melbourne, Australia and is unable to attend the Court sitting in New Zealand. In clause 3 of the affidavit it states that the transferees are blood related to the transferor, they are the nieces and nephews and children of Charles Manahi Cotter who is the brother of the transferor. Clause 9 states that the pito of the transferees are bu...