Search Results

1. [2018] NZEmpC 103 RPW v H [pdf, 172 KB]

   ...[6] There is a further application that there be an order prohibiting publication of names. [7] The first set of proceedings under EMPC 250/2018 was filed on 24 August 2018. I read the proceedings and the related applications and the extensive affidavit in support which was sworn and filed by a board member of the plaintiff Trust Board. I decided that there should be an order abridging time for the defendants to file a statement of defence to that first set of proceedings. The...

2. [2018] NZEnvC 154 Coastal Ratepayers United Incorporated v Kapiti Coast District Council [pdf, 472 KB]

   ...material before the Environment Court, advising on the merits of the application and reviewing and commenting on draft legal submissions. These fees were $4,500 plus GST; • A fee charged by Ms K Moody (an academic planner) for preparation of an affidavit in reply ($1,040 plus GST); • Various disbursements amounting to $485.01 including GST. Counsel advised that the Applicant does not pay income tax, is not registered for GST and accordingly had no ability to claim credit for...

3. Hawke's Bay Lawyers Standards Committee v Mr E [2016] NZLCDT 30 [pdf, 30 KB]

   ...considerable amount of evidence the Standards Committee, at the hearing sought to introduce four further emails which the client sought to adduce by way of credibility. These were an attempt to discredit another lawyer who had filed a supporting affidavit for the practitioner. That practitioner gave oral evidence and we are satisfied it was accurate evidence and the emails were not given any weight by us although they were accepted on a provisional basis. The client failed to dis...

4. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...set aside. [3] Ms Mawhinney seeks an order that SL provide security for costs, that the proceedings be stayed until such time as any security so ordered be paid, and if not paid, that the proceedings then be dismissed. [4] In her supporting affidavit, Ms Mawhinney stated she believes SL has brought the challenge purely to create delay and avoid paying her the sums awarded for payment by the Authority. At the time she gave that evidence, the remedies awarded by the Authority had...

5. Warren v Ropitini - Ouri 1A3 Block (2020) 423 Aotea MB 193 (423 AOT 193) [pdf, 225 KB]

   ...funds for repairs and maintenance on the homestead; and (c) to provide opportunity for Mrs Warren time to negotiate a licence to occupy. The Deputy Registrar confirms that the application complies r 9.6 of the Māori Land Court Rules 2011. An affidavit in support of the application was filed and Mrs Warren certified that she had sent by post and email a copy of the application to both the Te Hanataua Trust and Ouri Homestead Whānau Trust. Following that, on 18 November 2020, a m...

6. [2020] NZEnvC 209 Beresford v Queenstown Lakes District Council [pdf, 1.3 MB]

   ...costs award is justified because Bike Wanaka's application failed for want of adequate justification or evidence to support for the grounds of the application, as considered by the second factor identified in DFC NZ Ltd v Bielby. 9 First affidavit of M Beresford sworn 2 June 2020 at (11]. Beresford notice of appeal dated 18 June 2018. [2020] NZEnvC 126. Application for costs on behalf of Mr Beresford dated 2 September 2020. Application for costs on behalf of Mr Beresford da...

7. XD v MU [2020] NZDT 1311 (14 May 2020) [pdf, 189 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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 determination...

8. L Family Trust Limited v KM [2021] NZDT 1319 (24 February 2021) [pdf, 199 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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 determination...

9. Proactive Release - High Court Amendment Rules 2019 [pdf, 673 KB]

   ...increased from $2,230 to $2,390; and 5.4.3. for category 3 proceedings the daily recovery rate is increased from $3,300 to $3,530. 5.5. Schedule 3 is amended in relation to time allocations for hearings, differentiating between time allocations for affidavit hearings and witness hearings. The amendments relate the allocations more closely to the length of the hearing and provide a separate allocation for the preparation of the common bundle (documents that will be referred to by wit...

10. Hennessy v Parkinson - Himatangi Block 7 (2019) 410 Aotea MB 238 (410 AOT 238) [pdf, 132 KB]

    ...of photographs of the works. These show areas of vegetation cleared from undulating, low-lying land with a sandy base. Also filed were a number of emails between trustees and the minutes of two trustee hui. Ms Hennessy has also sworn a short affidavit (undated) which deposes: 1) I have observed Mr Grant Barber (“the lessee) excavating the property referred to as Himatangi Block 7 title WN 23C/203. 2) The Lessee does not and has not had permission to excavate the property and...