Search Results

1. TL v DL [2025] NZDT 60 (26 February 2025) [pdf, 102 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

2. TC v L Ltd & WC [2024] NZDT 898 (6 December 2024) [pdf, 209 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

3. Notes on High Court Appeal Process August-2025 PDF.pdf [pdf, 142 KB]

   ...Authority could reach its decision, is inconsistent with or contradictory of a specified part of the evidence, or it contradicts the only true and reasonable construction of fact available on the evidence; then (and only then) copies of the documents, affidavits and exhibits that were placed before the Authority must be attached (Rule 21.9 of the High Court Rules). Refer to Bryson v Three Foot Six Ltd [2005] NZSC 34 for a discussion on the extent to which a factual determination c...

4. Notes on High Court Appeal Process August 2025.pdf [pdf, 142 KB]

   ...Authority could reach its decision, is inconsistent with or contradictory of a specified part of the evidence, or it contradicts the only true and reasonable construction of fact available on the evidence; then (and only then) copies of the documents, affidavits and exhibits that were placed before the Authority must be attached (Rule 21.9 of the High Court Rules). Refer to Bryson v Three Foot Six Ltd [2005] NZSC 34 for a discussion on the extent to which a factual determination c...

5. Notes-on-High-Court-Appeal-Process-August-2025.docx [docx, 36 KB]

   ...Authority could reach its decision, is inconsistent with or contradictory of a specified part of the evidence, or it contradicts the only true and reasonable construction of fact available on the evidence; then (and only then) copies of the documents, affidavits and exhibits that were placed before the Authority must be attached (Rule 21.9 of the High Court Rules). Refer to Bryson v Three Foot Six Ltd [2005] NZSC 34 for a discussion on the extent to which a factual determination can be challeng...

6. HIJ v RST and UVW (Publication) [2013] NZHRRT 41 [pdf, 152 KB]

   ...“original” and it was discovered on his hard drive a short time later. Nevertheless D2 provided a second copy as requested. [32] In early October 2007 D1 commenced Family Court proceedings for the care of the two children and on 3 October 2007 swore an affidavit to which he attached some of the plaintiff’s medical records and on 17 October 2007 swore a further affidavit attaching Exhibit A (or a part of it). The first defendant explained that his motivation for using Exhibit A in...

7. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...prefer the evidence of the other witnesses. [88] My views about Mr Allen’s credibility are supported by his conduct in signing the producer statement using (although misspelling) the name of the plasterer, Daryn McDonald. [89] In an affidavit he swore on 26 August 2011, Mr Allen referred to a producer statement “prepared by a plasterer.” That affidavit was in support of an application that he be removed from this claim. My reading of that affidavit is that he att...

8. Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) [pdf, 673 KB]

   ...2017, Mr Bidois sought to add to the list of the issues, an application by the trustees for a commission/allowance. No further submissions were provided by Mr Bidois on this issue. The issue of trustee payments is addressed in John Butler’s affidavit at [67] – [70], where he outlined why the trustees were under a mistaken belief that the Court had approved trustee payments. [22] The general principle of trustee remuneration is that trustees act gratuitously, the only exception...

9. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...provide their recollections of what transpired. [103] Mr DN says that Mr and Mrs EW have verified all the statements made in his submissions to the Standards Committee that specifically reference them, and that they would be prepared to swear an affidavit to that effect if required to do so. [104] Whilst I accept Mr DN’s submission as to Mr and Mrs EW’s preparedness to corroborate his recollection as to what transpired at the September 2008 meeting, I have no need for them to do...

10. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

    ...developed OCD, the totality of evidence, including expert advice says this was not a causal link. [24] On the basis of this advice, the Corporation issued its decision declining cover for OCD on 26 May 2017. [25] The appellant sought review and an affidavit was obtained from J Douglas Bremner, professor of psychiatry at Emory University School of Medicine, Atlanta, Georgia, dated 16 February 2018. Dr Bremner said: Based on the totality of evidence from research in the neuroscience...