Search Results

1. [2017] NZEmpC 114 Quality Consumables Ltd v Hannah [pdf, 167 KB]

   ...defendant will not be injuriously affected by the stay and the plaintiff has reasonable grounds of success in it its challenge to the determination. Mr Allan McCormick, who is the sole director of the plaintiff company, has sworn and filed an affidavit in support of the application for a stay. In addition to simply repeating the grounds set out in the application, Mr McCormick states that Ms Hannah has taken enforcement proceedings in respect of the determination. The notice o...

2. [2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk [pdf, 372 KB]

   ...conscience jurisdiction in s 189 of the Act. [8] The application asserted that joining Mr and Mrs Kokcu would be just in the circumstances and the overall balance of convenience favoured the application being granted. The application was supported by affidavits by Mr and Mrs Kocatürk. [9] The application was opposed. The notice of opposition relied, among other things, on an assertion that joining Mr and Mrs Kokcu would obfuscate and unjustifiably extend the matters to be dec...

3. [2019] NZEnvC 127 Taylor v Selwyn District Council [pdf, 3.4 MB]

   ...(b) memorandum of counsel for Martell Family Trust, Hohepa Homes Trust Board and Keith and Margaret Nicol, dated 6 June 2019; ( c) memorandum of counsel for the respondent, dated 13 June 2019; (d) email from Regan Cowlin dated 23 June 2019; (e) affidavit of J W Trevathan, dated 28 May 2019; (f) affidavit of N B Boyes, dated 29 May 2019; (g) joint memorandum dated 16 July 2019; (h) email from Regan Cowlin dated 15 July 2019. 3 Other relevant matters Section 274 parties [4...

4. [2018] NZEmpC 114 Allen Chambers Ltd v Pelabon [pdf, 301 KB]

   ...Pelabon v Zumo Retail Nelson Ltd, above n 1, at [24]. 7 At [25]. 8 At [26]. regarding the Zumo group of companies had been altered, and that ZRNL had no funds to pay the sums for which it was liable.9 [12] The Authority directed that an affidavit be filed and served, setting out the timing and detail of the restructuring of the companies. Moreover, if it was to be argued that the company could not meet its liability to Mr Pelabon, “it must provide certified copies of...

5. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...unmeritorious, because it failed to produce cogent and probative evidence to support the Abatement Notice, despite the requests from Ms Greensmith. Council's response [13] The Council responded to the application. Its response was supported by an affidavit from Jonathan Bruce Reddell, Principal Specialist at Auckland Council. The Council seeks that costs lie where they fall, with its reasons as follows: 11 (a) the appeal had not advanced sufficiently to warrant an order for c...

6. Auckland Standards Committee 3 v Potter [2022] NZLCDT 27 (27 July 2022) [pdf, 110 KB]

   ...breached regulation 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (ss 241(b) and 12(c) of the Act)). What are the relevant facts? [3] The Standards Committee case is based on a bundle of more than 400 pages comprising an affidavit (with attachments) by the client and another affidavit (with attachments) by a Legal Standards Officer. Mr Potter filed a response but did not file any affidavit. At the hearing, Mr Potter cross-examined the client. Mr Potte...

7. [2024] NZEnvC 174 Afsari v Auckland Council [pdf, 3.4 MB]

   ...[11] Blair Hastings concluded that an area including 25 properties met the thresholds for scheduling as an Historic Heritage Area because it has considerable overall significance to the locality, region, and nation. Blair Hastings prepared an affidavit in support of the consent documents. [12] Blair Hastings has identified the area as the “Workers’ Dwellings Act Housing Area Historic Heritage Area” (Workers’ Dwellings Act Housing Area HHA). The key features of the Workers...

8. McFetridge v Tapsell - Succession to Taa Tapsell [2025] Chief Judge's MB 425 (2025 CJ 425) [pdf, 254 KB]

   ...matter was set down for hearing on 26 September 2024. [13] On 17 September 2024, Ms Kylie Katipo filed a “Notice of Representation and Intention to Appear” on behalf of Larissa Wharepōuri (the second respondent). [14] Legal submissions and an affidavit of the applicant dated 23 September 2024, were subsequently filed by her counsel. In that affidavit the applicant reiterated the points made above, including the fact that she and her whānau only discovered the order had been mad...

9. [2006] NZEmpC CC 10/06 Fonterra Brands (Tip Top) Ltd v Dillon [pdf, 26 KB]

   ...plaintiff has now applied to the Court for a stay of proceedings on the Authority’s determination pending the outcome of the challenge. The defendant opposes the grant of such a stay. [2] In support of the application, the plaintiff has filed an affidavit from Judith Ann Mair, the South Island operations manager for the plaintiff. For the defendant, Ms Stringleman has filed a detailed notice of opposition setting out her submissions. Ms Mills and Ms Stringleman are...

10. [2014] NZEmpC 2 Cottrell v Nelson SPCA [pdf, 32 KB]

    ...That meant the last day for filing was Wednesday 13 November 2013. The applicant missed that deadline. The current application for an extension of time, together with an application for stay of execution of the costs determination and two brief affidavits in support, was filed on 20 November 2013. Application to extend time [5] The lack of opposition to the application to extend time does not necessarily mean that it ought to be granted. The Court must be satisfied that it is i...