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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. Auckland Standards Committee 2 v Burcher, Short and MacDonald [2015] NZLCDT 47 [pdf, 78 KB]

   ...Burcher and Mr Short, particularly as to the level of involvement of Mr Short in the affairs of the nominee company and his knowledge of investments relating to his client investors. [12] Somewhat unfortunately, a very lengthy and comprehensive affidavit sworn by Mr Short approximately one month before the hearing was not served on Mr Burcher nor his counsel (both of them were out of New Zealand at the time). [13] Despite a number of promises, at pre-trial conference stage, to fil...

3. Joint-Application-for-New-Parenting-Order-271124-v2.pdf [pdf, 618 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...

4. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...December 2006. Hikuwai sought contributions fi'om pm1icipating trusts toward that amount by way of unsecured loan on terms set out in an undated Deed of Loan and Understanding and Grant of Right to Purchase annexed to Mr Wall' s first affidavit. So the first proposa l involved Tauhara 15 putting up $240,000 of its own funds as an unsecured loan to supp0l1 Hikuwai in a deposit on the entire Landcorp purchase. It is clear from the letter and clause 10.2 of the Deed that in a w...

5. [2010] NZEmpC 48 DAS Transport Ltd v Kirkwood [pdf, 26 KB]

   ...direct the case to further mediation. It proceeded with its investigation meeting on 12 November 2009 in the absence of the company or any representative of it. [5] The evidence in support of the company’s application for leave is provided by an affidavit sworn by Tania Stewart, a director and shareholder of the company authorised to give evidence on its behalf. Ms Stewart asserts that the company only received notice of the Authority’s investigation meeting about a week before...

6. [2012] NZEmpC 130 CPC (New Zealand) Ltd v Dunlop [pdf, 77 KB]

   ...allegations made, particularly as they related to the issue of mediation, could not simply be resolved on the papers. The other problem was that the allegations were made in the form of submissions by the parties’ representatives without supporting affidavit evidence. On 7 June 2012, therefore, I made a request pursuant to s 181(1) of the Employment Relations Act 2000 for the Authority to provide the Court with what is commonly referred to as a good faith report. In my minute d...

7. [2012] NZEmpC 213 Turner v Talleys' Group Ltd [pdf, 101 KB]

   ...commencing 10 December 2012 but neither 1 [2012] NZERA Christchurch 162. party has sought to take up that option. Accordingly, I have determined the applications on the papers which include affidavit evidence and written submissions. [3] Although the two applications (one from each party) are connected, they must be decided separately. I address, first, the plaintiff’s application for an order to stay execution of the Authorit...

8. [2012] NZEmpC 203 Tinkler v Fugro PMS PTY Ltd & Pavement Management Services Ltd [pdf, 111 KB]

   ...basis for the award they seek. They fail to do so at their peril. [8] The hearing took nearly a full day. It is apparent that Fugro’s counsel was required to consider the statement of claim and prepare a statement of defence, 6 peruse the affidavit and brief of evidence filed on behalf of Mr Tinkler and to prepare and file a brief of evidence in response (from Mr Yeaman). Mr Yeaman’s brief of evidence was 22 paragraphs long. Submissions were required and counsel...

9. Mika - Te Manawa o Tuhoe (2012) 54 Waiariki MB 16 (54 WAR 16) [pdf, 186 KB]

   ...chairperson, as a trustee. [24] Given my orders of 1 May 2012, Mr Waaka as a trustee is entitled to take trustees fees. While it was submitted that he would not take fees as a responsible trustee, I do note that Mr Goldsmith disclosed in his affidavit, that Mr Waaka would receive meeting fees for 15 meetings, when the trustees were advisory trustees. 54 Waiariki MB 22 [25] The ex-gratia payment would therefore be a top up on what Mr Waaka is entitled to receive as a truste...

10. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

    ...at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. In most cases, there will not be a hearing at which the parties or their agents appear in person. Thus, resolving differences between the parties or their representatives will be problematic. In...