Search Results

1. [2023] NZEmpC 67 Bennett v Goldie [pdf, 199 KB]

   ...order over Mr Bennett’s own health information or his identity. [5] Mr Bennett filed a challenge to the Authority’s determination. He also filed an application for urgency and an application for interim non-publication orders as well as an affidavit in support of those applications. [6] On 21 September 2022, in order to preserve Mr Bennett’s position, the Court made an interim non-publication order in respect of Mr Bennett’s name, pending further order of the Court....

2. Hipango v Ngaurukehu - Ngaurukehu A10 Section 3(2024) 484 Aotea MB 88 (484 AOT 88) [pdf, 218 KB]

   ...$398,392.00.3 None of the parties questioned the standing of the Incorporation to raise this issue and because I am required to consider s 158 of the Act in any case, I do not need to address any standing issues. [5] After the JC I received: (a) An affidavit from Mr Hipango dated 29 February 2024; and (b) A memorandum of counsel from Mr Unsworth dated 8 April 2024. [6] I already had a memorandum from Mr Unsworth dated 30 January 2024 addressing the valuation issue and I heard fro...

3. WC VB UA v WC VB UA LCRO 189/2012, 184/2014, 180/2012 & 190/2012 (10 September 2015) [pdf, 83 KB]

   ...him instructions?” [19] It noted that, notwithstanding Mr WC was aware of the concerns expressed by Ms UA and Ms VB as to what had happened, he nevertheless proceeded to obtain probate of the 1989 will. [20] The Committee referred to the affidavit to lead grant of probate which included the usual provision that the deponent believed the will produced with the affidavit was the deceased’s last will. It specifically noted:3 …The fact that the later Will could potentially b...

4. LCRO 155/2023 DU v KQ (8 April 2025) [pdf, 358 KB]

   ...and 5 (d) immediately on being briefed, Mr DU had agreed that he would make an application to adjourn the proceedings; and (e) the request for an adjournment was “very necessary” both to provide opportunity to rework her case and update affidavits, but importantly her recent serious medical diagnosis made it difficult for her to “cope with legal proceedings”; and (f) she was not aware that Mr DU had withdrawn as counsel until being advised by Mr FD shortly before her tria...

5. [2012] NZEmpC 148 Zhou & New Times Press Ltd v Lin [pdf, 51 KB]

   ...attendances relating to the application for security for costs. That figure is based on an hourly rate of $220 and disbursements of $30.00. It follows that approximately 12 hours work was incurred in taking instructions, drafting the application and affidavit filed in support, preparation and attendance before the Court on 18 June 2012. Ms Moncur submits that a costs award of 66% of the actual costs incurred by the defendant would be reasonable. She states that the defendant is...

6. [2015] NZEmpC 116 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 79 KB]

   ...of the fact that this application for leave will not be allowed, the Court has not needed to hear from the defendant on the question. The application for leave has failed on its own merits. [6] The plaintiff seeks to challenge the adequacy of affidavits filed by the defendant on 8 July 2015 pursuant to its requirement to do so from the Court’s Interlocutory Judgment (No 7) issued on 24 June 2015. 1 As part of that seventh interlocutory judgment, the Court adjourned sine die the...

7. [2011] NZEmpC 68 Army Surplus Disposals Ltd v Reed [pdf, 110 KB]

   ...required for the briefs but was unable to make contact. He also claimed at this late stage that his main witness was unable to attend the hearing set for 13 and 14 June 2011. He also requested that the evidence of two other witnesses be adduced by affidavit without the need for the witnesses to attend court. He claimed that the plaintiff needed more time to prepare. [12] The defendant opposed the adjournment. Nearly a year had elapsed since the determination. The application...

8. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   ...him to conduct the s 165 examinations. [3.3] The relevant parts of the s 165 examination transcripts which contain personal information about Mr Hide. [4] In compliance with that direction Mr LGA Currie on 29 March 2018 swore a supplementary affidavit of documents. Mr Currie is employed by the New Zealand Insolvency and Trustee Service (a business unit of the Ministry of Business, Innovation & Employment) as the Midland Region Hamilton Official Assignee. [5] In his open affida...

9. [2017] NZEmpC 38 Eden Group Ltd v Jackson [pdf, 111 KB]

   ...of the other defendants and a penalty is sought against it. [3] On 20 May 2016 the plaintiff applied without notice for a search order and a freezing order. Urgency was sought and granted. The application for a search order was supported by affidavits from Christopher Collins, who is a director of the plaintiff, and Mr Ayers. In his affidavit, Mr Ayers deposed to having received instructions to assist the plaintiff because of his expertise as a computer forensic scientist. He...

10. Fisher v Foster (Strike-Out Application) [2019] NZHRRT 54 [pdf, 184 KB]

    ...not provide Ms Fisher with her personal information upon request is not clearly particularised anywhere in the claim and instead, Ms Fisher has raised various other grievances against Dr Foster. [8] In support of the application, Dr Foster filed an affidavit sworn by Lucy Jane Smith on 27 March 2017. Ms Smith is the secretary for Dr Foster’s counsel, Mr Waalkens and Ms Stuart. In the affidavit, Ms Smith noted the procedural history of the claim and stated that after receiving Ms Fish...