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1. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...date after the invoice was issued. [31] The evidence showed that Mr Parsons did receive some fees and disbursements in advance of the issue of an invoice for such fees and disbursements. These amounts were identified and referred to in the affidavit provided by the Law Society inspector.7 [32] The amounts listed as being received from such clients in advance of invoice showed that in most cases an invoice for those amounts followed shortly thereafter, with periods rangi...

2. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

   ...was not required to do so. It is likely that there have been some issues with communication as she is no longer in New Zealand. [69] Mr Hakaoro responded in two documents: [69.1] A statement of defence received on 31 January 2013, and [69.2] An affidavit from himself dated 29 January 2013. [70] The document styled as a statement of defence was neither appropriate, nor constituted a statement of defence. The material will be treated as submissions and evidence as appropriate. [71]...

3. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...injunction against Unite Inc. (Unite), a Union whose members are employed by Wendco in its 23 restaurants. [2] An urgent hearing was timetabled for hearing on Friday, 8 June 2018, on the basis that Unite was able to file a notice of opposition and affidavits prior to the hearing; urgency was then granted. [3] The issue before the Court is whether Unite should be restrained from picketing, or threatened picketing, on Wendco’s property including but not limited to the dri...

4. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...or, at his or her discretion, by the Registrar on the party against whom it is issued. (4) A party who has been ordered to give discovery must,— (a) within 10 working days after being served with a copy of the order, file in the Court an affidavit of documents in form 7 and serve a copy of the affidavit on the party who obtained the order; and (b) allow the party who obtained the order to inspect any document except a document for which privilege is claimed. (5) If privi...

5. [2014] NZLCDT 80 Wellington Standards Committee v CLS [pdf, 412 KB]

   ...business and to market it for sale. As to issue two – the continued running of OTW [20] The practitioner was criticised for continuing to run OTW past the point where it should have been clear a sale was not likely to occur. [21] T swore an affidavit in support of her complaints against the practitioner. There is implied criticism by her that the practitioner had persuaded her that the right course of action was to keep the business running as it was attractive to prospective p...

6. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...trees growing on their lands." [19] In paragraph 40 the orders are said to be in reliance on sections 18(1)(a), 18(1)(d) and 18(1)(i) of the Act. The Arguments [20] The Court was aided by thorough submissions from counsel and by several affidavits filed on behalf of the parties. The respondents' challenges to the jurisdiction of the Court are pitched at two levels. [21] First, it is argued that the Court does not have jurisdiction to hear the claims as they do not fall...

7. Milne v Lodge [2010] NZWHT Wellington 3 [pdf, 221 KB]

   ...builder. He is in the same position as Mr de Groot in the case under discussion. [72] However, as Tipping J points out in Chase v de Groot, there was another relationship in this case, that of parties to a contract. [73] Mrs Milne, in an affidavit of 21 August 2009, says:- 4. … We, of course, were not around throughout the building of the house but we were made aware of the construction process through our dealings with the First Respondents and their real estate age...

8. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...[11] The essence of BCL’s position is that indemnity costs should be awarded for several reasons. The first of these was that BCL had requested that the jurisdictional matter be dealt with on an interlocutory basis, with the filing of affidavits and submissions. Mr Noble had opposed this course of action, preferring it to be dealt with at the substantive hearing which he would travel to New Zealand to attend. As already noted, the Authority then ruled it would deal with j...

9. Joint Application to Make a New Parenting Order by Consent [pdf, 603 KB]

   ...Swearing or Affirming Check the box to confirm the following statements: I/we confirm that I/we have made reasonable enquiries to establish that relevant facts and circumstances have been disclosed. To the best of my/our knowledge and belief, my/our affidavit discloses all such facts and circumstances. Applicant 1 I, (your full name) of (the town where you live) Occupation Swear Or affirm Date D D M M Y Y Y Y Signed Applicant 2 I, (your full name) of (the town whe...

10. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

    ...precise factual evidence to satisfy the court that he or she has a real prospect of succeeding in his claim for a permanent injunction at the trial”.6 [20] On previous occasions, the Court has stated that it normally prefers the plaintiff’s affidavit evidence and assumes that this is the position which is likely to be established at trial. However, a nuanced approach is required. So, in Golden Bay Cement, Judge Travis stated in respect of an application for interim injuncti...