Search Results

1. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

   ...which will be contested and only some of which might be eliminated by counsel for AFFCO in preparing the case. It would not be satisfactory, in these circumstances and as proposed by counsel, that these allegations be dealt with by the Court on affidavit alone. They will need to be the subject of evidence given by witnesses including, especially, cross-examination, to determine their truth, so significant to the s 50K claim are they. [16] In an effort to provide a just and expedit...

2. Matchitt - Te Kaha 65 (2014) 104 Waiariki MB 145 (104 WAR 145) [pdf, 180 KB]

   ...development and utilisation of the land” and that he and other shareholders wished to utilise the area to establish a marae and other communal facilities. The application acknowledges that there has been an extensive history before this Court. In an affidavit subsequently filed and dated 20 December 2013, the applicant deposed that: “As the Court will be well aware there have been ongoing disputes for a long period of time between the owners of the Te Kaha Block. In general terms,...

3. [2013] NZEmpC 92 Webb v Hose [pdf, 71 KB]

   ...submissions and Mr Burdon, advocate for the defendant, has filed submissions in answer. Mr O’Brien has indicated that he does not wish to file any further submissions in reply to those of Mr Burdon. In addition to the submissions an affidavit dated 4 September 2012 has been sworn and filed by the plaintiff. Mr Burdon has filed two bundles of documents to accompany his submissions. [11] As indicated the plaintiff does not seek a full hearing of the matter by way of a hea...

4. [2014] NZEmpC 146 Rimene v Doherty and Natusch Group Limited [pdf, 63 KB]

   ...included in the body of a memorandum from counsel. [10] The second observation I make about the plaintiff's application is that it seeks orders under r 15.4 of the High Court Rules but that particular rule simply sets out the requirements for affidavits of service to be filed before judgment by default can be sealed in a case. It may be, and the Court should not be left to speculate in these matters, that the plaintiff intended to refer to r 15.7 of the High Court Rules which...

5. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

   ...done so some two years further on, together with the numerous duties which the practitioner failed to fulfil, constitute relatively serious negligence. Issue 2 [15] We are satisfied having heard from the practitioner and having considered the affidavit of Mr Scotter, who has provided second opinion and senior advice to her on many occasions, that this series of errors is entirely out of character for this practitioner. The context of time pressure, and pressure from her client ca...

6. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 57 [pdf, 173 KB]

   ...the reputation and standards of the legal profession. It must consider whether a lesser penalty will suffice. … Wilful and calculated dishonesty normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit …” [25] And further in Hart5 “… The nature and gravity of those charges that have been found proved will generally be important. They are likely to inform the decision to a significant degree because they may point to the...

7. Auckland Standards Committee1 of the New Zealand LawSociety v X [2011] NZLCDT 15 [pdf, 79 KB]

   ...to stolen items that she did not own. Ms A said she thought it would be alright to claim on her policy and that she could check first with her insurer. Ms X went along with the suggestion despite believing as she put it in paragraph 15 of her affidavit sworn on 10 March 2011: “my gut feeling told me that the insurer was unlikely to allow it”. [4] Ms A mentioned that she had a few items of her own that she needed to submit a claim for and so could enquire about the stolen items...

8. Legal aid civil consultation paper [pdf, 583 KB]

   ...Unusual and/or novel legal issues; English as a second language requiring an interpreter/translator or barriers to communication; The legally aided person suffers from mental illness/intellectual disability; and Multiple witnesses (and multiple affidavits required). Non-lawyer costs and agent’s fees Non-lawyer costs and agent's fees would not be claimed as a disbursement (or otherwise) as these have been built into the fixed fees . There would be a revised list of disbursemen...

9. Legal aid civil (ACC) consultation paper [pdf, 583 KB]

   ...Unusual and/or novel legal issues; English as a second language requiring an interpreter/translator or barriers to communication; The legally aided person suffers from mental illness/intellectual disability; and Multiple witnesses (and multiple affidavits required). Non-lawyer costs and agent’s fees Non-lawyer costs and agent's fees would not be claimed as a disbursement (or otherwise) as these have been built into the fixed fees . There would be a revised list of disbursemen...

10. Auckland Standards Committee v Rohde [2016] NZLCDT 9 [pdf, 34 KB]

    ...Committee, Ms Reed pointed out that Mr Rohde’s evidence did not include any psychological assessment nor detailed plan as to the support structures within his practise and in relation to his recovery. [10] In response Mr Rohde filed a further affidavit which annexed a number of references expressing confidence in Mr Rohde as a person and in his recovery from his addiction. We then heard further oral evidence from Mr Rohde who was cross- examined by Ms Reed and answered questions...