Search Results

1. [2014] NZEmpC 100 George v Auckland Council ARC 12410 Auckland Council v George costs [pdf, 191 KB]

   ...such claim must be supported by sufficient evidence. 26 Evidence was led at trial in relation to Ms George’s financial position (which included evidence that Ms George had found alternative employment). Ms George has also filed an updating affidavit setting out in detail her income and expenditure. While reference is made to her liabilities, including two mortgages, no information has been provided in respect of her assets, other than a reference to a house that she owns. Not...

2. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...begin, most on papers filed but at least one in court in Wellington. [7] These interlocutory proceedings resulted in no fewer than seven preliminary judgments, each of which required the filing of one or more applications, memoranda, affidavits and submissions and, in at least one case, appearances before the Court. In addition to the seven days of hearing already mentioned, there were six East light volumes of documents totalling nearly 1,000 pages. Ten witnesses gave e...

3. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...section of this decision. 9 Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721. 10 Morton v Douglas Homes Limited [1984] 2 NZLR 548 (HC). Page | 18 [57] In an affidavit filed and in his oral evidence Mr Johnson emphasised Mr Hardy’s role in supervising the construction process and downplayed his own role. In his affidavit he described Mr Hardy as the building site supervisor and at the hearing as...

4. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) [pdf, 265 KB]

   ...demonstrates that there can be no doubt as to the active role of the Trustees in endeavouring to facilitate the distribution arrangement. [52] Counsel for the Trustees virtually acknowledges this role when in his written submissions he cites from the affidavit of Tau Edwards, a member of the Edwards whānau: 27 I applaud the trustees’ magnificent gesture in negotiating with the Anglican Church and the Te Aute Trust Board in order to secure the benefit for our families un...

5. AA v BK, BL & BM LCRO 264 / 2012 (25 July 2013) [pdf, 184 KB]

   ...were in [the same North Island city]. 15 [62] I place no more weight on this submission other than to acknowledge that the difference is marked and that Mr AA’s reaction is a legitimate response to the information ascertained from the affidavits filed by Mrs AA. [63] Having noted the significant disparity in the fees, Mr AA questioned why this should be. He makes several allegations as to the advice provided and as to why [Law Firm A]’s fees have been unnecessarily high....

6. LCRO 110/2017 EB v APPLICATION FOR REVIEW OF A PROSECUTORIAL DECISION [pdf, 262 KB]

   ...involves “a potentially serious issue” involving allegation that Mr EB “retained trust money without authority and engaged in unauthorised dealing with trust money”. 17 Discussion Letter and terms of engagement issues [79] In her affidavit, dated 14 June 2017, in support of the charge, Ms AD deposed that “Mr EB did not provide me with any written terms of engagement or any other written explanation of his services at the time of [my] discussions [in August 2009]”....

7. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...Jiang failed to take steps to create a file, and maintain it for seven years in a form that was available for inspection by the Authority. Mr Jiang’s response to the complaint [14] Mr Jiang filed a statement of reply, and supported it with an affidavit of Mr Xu, a personal assistant whom Sea Consultants Ltd employed. Mr Jiang’s response to the five potential grounds the Registrar identified were: The failure to have a written agreement [14.1] Mr Jiang said he could not recal...

8. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...of complaint. The standard notice to the parties does not require a response if he accepted the Registrar’s statement of complaint. [16] Mr Tan, after an initial response, provided his full response with the assistance of counsel; it includes an affidavit in support. The key area of dispute is whether Mr Tan was dishonest. He accepts he gave incorrect information to the complainant and failed to fulfil his professional obligations. However, he says he was honest and that Ms Aasa activel...

9. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   ...plaintiff to pursue a challenge. [2] A de novo challenge has been filed in respect of the Authority’s determination of these issues. An application for urgency was granted and the challenge came before me yesterday for hearing. Numerous affidavits and lengthy submissions were filed both in support of, and opposition to, the challenge. While there was a significant amount of evidence filed (much of which was of limited relevance to the matters at issue at this particul...

10. [2019] NZREADT 53 - Nottingham & Ors (26 November 2019) [pdf, 274 KB]

    ...issued a ruling in relation to an application by the appellants for further evidence to be admitted at the hearing. The Tribunal gave leave for unsigned statements of evidence of Mr Honey and his wife to be admitted, but declined leave for an affidavit sworn by Mrs Honey and filed in relation to an application for name suppression, to be admitted. [7] On 7 November 2017, the appellants appealed against the Tribunal’s refusal to give leave for Mrs Honey’s affidavit to be admitte...