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1. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...not able to apportion responsibility between them for the payment of the awarded amount. If any of the liable respondents wishes me to make an order they should give notice to the other respondents and the Tribunal by 21 December 2011 and file affidavit evidence in support by 31 January 2012. The other Page 9 respondents will have 15 working days to reply and then, if justified, an apportionment can be made. [40] Apportionment issues do not affect the respondents’ liabil...

2. Butler v NF Fraser & Co Ltd - Mangawhati 3B1 and Takahiwai 3A2 (2010) 6 Taitokerau MB 221 (6 TTK 221) [pdf, 32 KB]

   ...order for costs. b) The applicant has had the benefit of the Special Aid Fund which signals that she is unable to fund legal representation. c) The Court has since declined to grant an extension of Special Aid. [9] Mr Peters has not filed any affidavit evidence and has not cited any other authorities in support of the application apart from referring to s 79 of the Act. [10] Ms Butler is no longer represented by counsel but filed a full submission in response which argues (in summa...

3. PD v JL LCRO 26/2015 (22 June 2016) [pdf, 38 KB]

   ...on emails sent by one of his brothers before the will was executed in December 2006. He also expressed concerns about Mr JL not having enforced the terms of the Deed. Standards Committee [6] The Committee considered Mr PD’s complaint, and an affidavit filed by Mr JL in the Family Court proceeding. Mr JL’s response acknowledged that there were minor errors in the will. However, he says those concerns were resolved by the sons having executed the Deed, and were not of the same kin...

4. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...Court in a different jurisdiction, which would enlarge the Courts powers to examine the trusts for the purposes of determining whether the property was protected by the trust veil. [24] The work performed by the Practitioner included filing affidavits, communicating with the Court and the lawyers acting for the wife, meetings with the Applicant and other miscellaneous matters. He eventually billed the Applicant in some of $3,400.00. The Applicant further contended that the Practi...

5. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

   ...that basis. 1 File ARC 56/08. [3] In AFT’s application he specifies the documents he wishes to access. These are set out as follows: All filings connected with the case, including affidavits, letters, emails, administrative notes, notices etc permitted by the description in Part A of schedule 2 of the Senior Courts Act 2016, which deals with access under ss173 and 174 of the Act. I am also seeking access to witness...

6. Kapiarumala v New Zealand Catholic Bishops Conference (Costs) [2018] NZHRRT 24 [pdf, 150 KB]

   ...is one such claim. From beginning to end it was without merit or justification. All four defendants have been put to considerable trouble and expense in resisting the claim and filing the various strike-out applications and extensive supporting affidavits. [12] Letters were sent to the plaintiff explicitly alerting him to the fact that his claim was groundless and that he was exposing himself to costs. The second defendant even went to the lengths of making a written settlement offer...

7. Hawke’s Bay Standards Committee v Dender [2017] NZLCDT 39 [pdf, 227 KB]

   ...was sentenced on 1 February 2017 to nine months home detention with special conditions and a protection order made in favour of the victim. [6] Mr Dender, to his credit, accepts full responsibility for his offending. He has provided a lengthy affidavit to provide some context to the offending, including medical and psychological reports to corroborate his evidence that, at the time of the offending 1 Lawyers and Conveyancers Act 2006....

8. [2018] NZEmpC 52 Smith v Director-General of the Ministry for Primary Industries [pdf, 340 KB]

   ...Koia v Attorney-General (No 2),5 Burns v Media Design School Ltd6 and Kaipara v Carter Holt Harvey Ltd.7 All of those cases predate the introduction of the Court’s Guideline Scale and the principles which underline it. [19] Mr Smith swore an affidavit stating his assets, income and outgoings. Since his dismissal his financial circumstances have changed including the division of matrimonial property following his marriage ending. He deposed that, despite having to sell the fo...

9. [2018] NZEnvC 120 Jayashree Limited v Auckland Council [pdf, 207 KB]

   ...[2018] NZHC 1110. 4 The Factual Matrix [12] It appeared to us that the factual matrix was little different from that which had been considered before the Tenancy Tribunal, the District Court and the High Court. We relied primarily however on affidavits of Ms KE Burson, Ms CL Maroc, and Mr PJF Moss. The latter is a planner in the central resource consents unit of the Auckland Council and the other two witnesses are compliance investigators with the Council. In addition, stateme...

10. Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 being Lot 1 DP 4102 (Old Post Office) Trust, Pt Rangitikei Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation (2016) 361 Aotea MB 69 (361 AOT 69) [pdf, 254 KB]

    ...GST) $1,088.00 Photocopying, printing, binding $125.00 Telephone calls $100.00 [13] That application was granted at $6,000.00 plus GST and disbursements. Ms Sinclair also filed a statement of response to the application as well as an affidavit from Ms Te Awe Awe-Bevan on 15 January 2016. [14] At the initial hearing held on 20 January 2016 I directed that the trustees would have one month to consider the response filed by Ms Sinclair following which I would make a determi...