Search Results

1. [2021] NZEmpC 32 Lorigan v Infinity Automotive Ltd [pdf, 320 KB]

   ...the costs order of $500 made earlier on 12 November 2018; and a costs order of $500 in Infinity’s favour with regard to the application for sanctions. [16] In support of the application which Infinity now brings for a further sanction, a sworn affidavit was filed on 28 September 2020 by Mr Simon Moore, an employee of solicitors acting for Infinity. He annexed emails wherein multiple requests had been made on behalf of Infinity for payment of the outstanding costs orders. It is pl...

2. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...the Employment Relations Act 2000 (the Act)) in reply to the defendant’s pleaded affirmative defence (which I treat as a positive defence for the purposes of the Employment Court Regulations 2000 (the Regulations)). The defendant has filed an affidavit and submissions opposing the application. Counsel agreed to the issue being determined on the papers. [4] Two particular questions arise: (a) Was the plaintiff obliged to file a reply to the defendant’s positive defence wit...

3. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...themselves should be the subject of a non-publication order. In that respect, the normal principles of open justice should apply. Evidence of ANZ [13] Shane Deegan, head of employee relations and a senior corporate lawyer, gave affidavit evidence as to the relevant events. He said Ms Packwood was dismissed from her employment on 28 July 2016, as a result of which she filed a statement of problem in the Authority claiming she had been unjustified dismissed and disadv...

4. Peita - Motatau 3H2[2019]Chief Judge's MB 337 (2019 CJ 337) [pdf, 362 KB]

   ...assistance in remedying the mistake or omission 6. In support of his application, the applicant has provided copies of Court records for Motatau 3H2F, Motatau 3H2M, Motatau 3H2D. The following documents have also been provided: a) Notification of Affidavit dated 12 August 2014 i) Exhibit 1 – Whakapapa Details ii) Exhibit 2 – Map of Motatau blks iii) Exhibit 3 – Affidavit of Matehaere Rene Kawiti Paraone dated 22 January 2014; iv) Exhibit 4 – consent from Henare Paraone II...

5. BD & NL v CM Ltd t-a HD [2021] NZDT 1669 (14 October 2021) [pdf, 277 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

6. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...Tribunal joined Powell Fenwick on 24 May 2021, on the application of JC Builder. Removal sought [35] Powell Fenwick is represented by Mr Garth Gallaway. There are detailed submissions in his memorandum of 12 July 2021. In support, there is an affidavit (sworn 9 July 2021) from Susan Mary Halliday, general manager of Powell Fenwick. Mr Gallaway relies on the following grounds: 1. Limitation 17 Statement of Claim “Chronology of Events” at “22/02/2011”. Mr Olds says...

7. [2022] NZACC 012 - LB v Accident Compensation Corporation (Mental Injury) [pdf, 233 KB]

   ...eligible for an independence allowance of $265.46 per quarter, without back payment. The appellant applied for a review of this decision. [36] On 21 September 2020, Ms Tobin, former Quality Assurance Manager for the Corporation, provided an affidavit in which she confirmed that, in relation to the appellant’s claim lodged in 1993, the Corporation, on 4 March 1994, paid the sum of $90.90 to the National Research Bureau, being the contractual rate for an independence allowance as...

8. Cook v Department of Corrections [2023] NZHRRT 21 [pdf, 218 KB]

   ...Mr Tennet drew the Tribunal’s attention to an email he sent on 18 June 2019 to Ms Royds and copied to Ms Malifa. In that email Mr Tennet asked the Department to “provide full disclosure by return e-mail, along with a copy of all applications, affidavits and IOMS records.”19 He relied on the Department’s response to this for his submission there were systemic issues relevant to the Tribunal’s assessment of damages (because the defendant’s conduct is relevant to the Tribunal’...

9. Jones v Accident Compensation Corporation (Backdated Weekly Compensation) [2023] NZACC 117 [pdf, 205 KB]

   ...from 28 March 2017. [21] On 3 April 2019, Mr Jones emailed that his changing careers over the years suggested a “soldiering on” mentality associated with attempts to work despite his injuries. [22] On 4 January 2020, Mr Jones provided an affidavit stating, in relation to his claim, that: This certificate was issued on the basis of medical evidence supplied by myself to Dr Hefford which supported my assertion that I was unable to work for 6 lengthy periods and when I att...

10. Putataua Bay Holdings Limited v Pere - Roadway Order Instrument 7895326.1 (2015) 105 Taitokerau MB 103 (105 TTK 103) [pdf, 282 KB]

    ...dwelling on the Incorporation’s land. Indeed, Mr Pere does not acknowledge the authority of the Incorporation over the land, which he regards as Māori customary land. [15] According to uncontested survey evidence presented in the form of an affidavit from Mark Lagerstedt of the FNDC (though the evidence was produced by PBH), Mr Pere’s dwelling straddles Lot 189 and the block that lies immediately to its south, Lot 193 105 Taitokerau MB 108 DP 393664 (“Lot 193”)....