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1. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

   ...appropriate to assume the truth of the pleaded allegations. There must be an objective factual basis for the allegations. See Siemer v Stiassny High Court Auckland CIV-2008-404-6822, 30 November 2009, Winkelmann J at [21]: … Mr Siemer has set out in affidavit form the basis for his allegations. The affidavit is so insubstantial that it is clear that this is a case where Mr Siemer should not have the benefit of the assumption normally applying in such applications – that is, that t...

2. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...discussion, Mr Hamilton wished Mr Carran “good luck” and indicated that Michael Talley would never “give up” in his opposition to the Union's access to the plant and attempts to negotiate a collective agreement for the plant. [17] Affidavit evidence before the Authority from Mr Hamilton denies any such observations of the sort alluded to in the preceding paragraph, were made, and denies having a conversation with Mr Carran about Michael Talley. [18] Mr Tony Matterson...

3. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...on the scale of the application for consent, the difficulty in being certain who is affected and the potential cost of posting notices to all potentially affected persons. [3] I note the following details of the application for consent from the affidavit of Katja Huls, the Healthy Waters Resource Management Team Manager at Auckland Council, filed in support of the application for waiver and the executive summary of the assessment of environmental effects of the application for conse...

4. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...(c) an application advanced by The Fletcher Construction Co Ltd (Fletcher Construction/the respondent) to strike out the application for special leave on the basis that the Court has no jurisdiction to deal with it. [2] Both parties filed affidavits setting out the relevant background. While the evidence has not been tested at this early stage, it provides a useful context for consideration of the applications. [3] Mr Johnston was employed by Fletcher Construction for 29 years...

5. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

   ...conveyancing solicitors, HC advise me no later than 5pm Wednesday 27 May 2009 that you have completed the settlement of Mr TD’s relationship property obligations, I am to prepare, file and serve the notice of motion for committal and supporting affidavit without further reference. 4. I look forward to receiving advice from HC that the transactions have settled. [14] The draft notice of motion for committal sought an order that the defendants be “committed to prison for contempt...

6. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...the couple, when Mr MT died the funds in them passed to Mrs MT by virtue of her survivorship. [21] In April 2013 Mrs GJ spoke to Mrs HY about whether she stood to inherit from Mr MT’s will. 1 Affidavit of HY sworn 21 August 2014, provided by the lawyers as part of their response to the complaint. 4 [22] Mrs HY wrongly concluded that the [Bank] bank accounts were owned by the couple in equal shares (as was the family home)...

7. LCRO 64/2018 IG v PC (1 August 2018) [pdf, 283 KB]

   ...engagement with Mr IR makes it clear that Mr IR remained liable for Mr PC’s fees. Mr IR acknowledged that he received this letter and did not question its terms. [45] As well as providing written submissions through counsel, Mr PC also swore an affidavit responding to Mr IR’s assertion that there was a telephone call between the two men during which Mr IR said that he would not have any responsibility for Mr PC’s fees. 8 [46] In his affidavit Mr PC swore: 5. I state une...

8. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...proceedings before the Tribunal. By application dated 24 May 2016 it seeks an order dismissing the proceedings as against it on the basis the Tribunal does not have jurisdiction. [16] The evidence placed before the Tribunal by the WCDHB is contained in an affidavit by Mr Brogden, the Chief Legal Advisor of the Canterbury District Health Board. As part of this role Mr Brogden is responsible for the provision of legal advice and support to the WCDHB. He confirms the WCDHB was never made...

9. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...standards … [59] I have given careful consideration to the decision in UFv OU. The facts in that case are readily distinguishable from the circumstances of the present case. [60] In UF, the practitioner was making demand for comments made in an affidavit filed with the Court to be withdrawn. Whilst the practitioner was concerned that allegations had been made in the affidavit which impugned his reputation, attempts to have evidence which had been put before the Court withdrawn b...

10. [2018] NZEnvC 180 McKay [pdf, 752 KB]

    ...conversion of cross lease titles (CFR) to fee simple titles (CFR) do not constitute a subdivision within the meaning of section 218, Resource Management Act 1991. (The acronym CFR is of Computer Freehold Register.) [2] The application is supported by an affidavit by Mr McKay sworn on 13 December 2017 and by a separate document containing his legal submissions, which together comprehensively set out his case in support of such a declaration. [3] Mr McKay is a surveyor, planner, and...