Search Results

1. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 15 (29 April 2021) [pdf, 381 KB]

   ...faced four charges in 2009 [laid on the same day, addressing four identical offences within a three-month period], he had no criminal convictions because he was discharged without conviction, and that he was granted permanent name suppression. An affidavit by a Court Registrar4 confirms these details. [13] In the course of responding to the Standards Committee investigation, Ms O’Boyle reiterated her version of the facts about Mr C’s alleged criminality. She bolstered her st...

2. [2010] NZEmpC 19 Webb v NZ Tramways and Public Passenger Transport Employees Union Inc [pdf, 17 KB]

   ...advising that the defendant did not seek to be heard in relation to the application and would abide the decision of the Court. The defendant, however, noted that it did not accept the allegations contained in either the application or the affidavit of the plaintiff in support but did not want to incur further expense in relation to it. The defendant intends to defend the substantive proceedings. [3] Mr Carrucan in his submissions, observed that the determination of the...

3. [2019] NZEmpC 3 NZPPTA v BOT for Rodney College [pdf, 165 KB]

   ...the second defendant to satisfy the Court of the probable existence of the documentation specified in the notice requiring disclosure? I accept that it has. Ms Gattey, a barrister instructed on this matter by the second defendant, has sworn an affidavit setting out the documentary searches she has undertaken for the purposes of these proceedings. This includes a review of approximately 460 documents which the second defendant has identified as being relevant to the matters at iss...

4. [2019] NZEmpC 111 Ward v Concrete Structures (NZ) Ltd [pdf, 160 KB]

   ...applicant has a history of causing costs to be unnecessarily incurred and failing to meet the consequences of doing so. [3] The applicant’s primary submission is that no award of costs would be appropriate, because of the matters set out in an affidavit sworn by Mr Ward. The affidavit states that his previous representative filed the proceeding without Mr Ward’s knowledge or instruction. It is submitted that a nil award would sit comfortably with the Court’s broad disc...

5. [2022] NZEmpC 66 Solander Maritime Limited v Munro [pdf, 172 KB]

   ...of action are squarely within the jurisdiction of the employment institutions. That is sufficient for present purposes). [7] Second, a written and signed undertaking as to damages must be filed with the application, and evidence provided (via affidavits) of the applicant’s financial ability to meet an order for damages pursuant to the undertaking (an undertaking in the appropriate form, and supporting affidavit have been filed by the applicant). 2 High Court Rules 2016, rr 32....

6. [2023] NZEmpC 137 Bowen v Bank of New Zealand [pdf, 142 KB]

   ...(Application for variation to non-publication orders) [1] The Court has previously made non-publication orders in relation to this matter.1 The defendant, BNZ, now applies for a limited variation to the non- publication orders, so that an affidavit filed by Ms Bowen in the Employment Relations Authority in respect of a case involving National Australia Bank and others may be disclosed to the respondents in that case. [2] BNZ says that Ms Bowen’s affidavit refers to matters...

7. [2023] NZEmpC 134 Chain & Rigging Supplies Ltd v Nikorima [pdf, 145 KB]

   ...Amaranathan, counsel for applicant Judgment: 23 August 2023 JUDGMENT (NO 2) OF JUDGE B A CORKILL [1] Yesterday, I issued a judgment granting a search order,1 which included the authorisation of certain redactions to one of two affidavits which had been filed, that of Mr Lance Davis. [2] Today, Ms Amaranathan, counsel for the applicant, has sought further redactions to the second affidavit, that of Ms Jaqueline Edwards. The proposed further redactions relate to...

8. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...Court’s attention to an actual or apparent conflict of interest on the part of the Auckland Council’s (AC) solicitors and its counsel. He sought directions from the Court concerning this alleged conflict of interest. In support, he referred to an affidavit of Ms George, sworn on 30 March 2012, and an earlier affidavit sworn on 31 May 2010. He also annexed to his memorandum his exchange of letters with the AC’s solicitors concerning this matter. [2] The AC filed a notice of...

9. [2014] NZEmpC 33 Fox v Hereworth School Trust Board No 3 Interlocutory [pdf, 120 KB]

   ...C Within 21 days from the date of delivery of the Court’s further interlocutory judgment determining the relevance of documents relating to the plaintiff’s police complaints, Abraham Consultants Limited must make disclosure on affidavit filed with the Court and served on the plaintiff of documents in its possession, custody or power, by identifying and describing such documents. If any such documents have been, but are no longer, in Abraham Consultants Limited’s...

10. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [pdf, 176 KB]

    ...against MBL, together with supporting documents. [22] The previous Tribunal chair (Mr Pearson) issued directions on 25 August 2017 setting out a timetable for providing submissions and evidence, together with a request that Ms Shadforth provide an affidavit indicating the circumstances in which the material on which she relied had come into her possession. [23] Ms Shadforth duly provided an affidavit sworn on 7 September 2017. In that affidavit, she withdraws all aspects of the...