Search Results

1. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...15 11 See above n 10 at [79] “The Tribunal was quite correct to find that in context the appellant’s conduct was in breach of r 2.7. As the Tribunal noted, the inclusion of such material in the affidavit and the threat to use it was reprehensible. It was conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable and as such constituted misconduct under 7(1)(a)(i) of the Act.” These doubt...

2. FITZGERALD Kelly Marie (CSU 2009 ROT 000369) [pdf, 98 KB]

   ...the High Court on Application for Probate of a Will to make an Order where the executor of a missing person’s estate can swear the person is dead. With no dead body the applicant applies for Leave to Swear death and evidence is presented by affidavit which covers such things as the circumstances in which the application is made, the facts in which the Court is invited to infer death and whether or not there is any insurance. In some cases an Order can be made that the person is de...

3. Canterbury Westland Standards Committee v Tee [2013] NZLCDT 34 [pdf, 43 KB]

   ...misconduct against Mr Tee. [22] For Mr Tee it was also submitted that he had not taken advantage of vulnerable clients, as claimed by the Standards Committee. We do not accept that 3 Above, n 1. 4 Affidavit of Philip Michael Strang dated 15 June 2011 filed in support of the charges. 5 For example, that Mr Tee did not receive $10,000 the subject of the third charge proven against him, that the borrowing of $52,000 the subject of the...

4. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...of the matters that are the subject of this proceeding. It is further submitted their presence before the Tribunal is necessary to adjudicate on and settle all questions involved in the proceeding. [7] Filed in support of the application is an affidavit affirmed on 12 March 2015, a draft amended statement of claim and a memorandum by Ms Emerson dated 13 March 2015. Procedural history [8] At the teleconference convened by the Chairperson on 17 October 2014 the joinder application was...

5. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

   ...was wrong to have made no monetary award. This review focuses solely on the monetary claims by the Applicant. He sought compensation under several different heads, identifying the costs and losses arising from the wrongful termination. In an affidavit of 3 August 2009 the Applicant quantified the sums he claimed under the various heads of claim. [5] The background to the complaint relates to the Applicant‟s litigation in respect of a leaky home claim. P2 represented the A...

6. Dunworth v McLachlan [2010] NZWHT Auckland 6 [pdf, 89 KB]

   ...property directly from Hanley Hall and had no connection with the property during the construction process. In opposing Mr McLachlan’s removal the claimants referred to information provided to them by Jeff Mann. They did not however produce an affidavit from him or call him as a witness in the hearing. Accordingly I will give no weight to this hearsay evidence introduced in their opposition. [21] The claimants also referred to an article published in Alfresco magazine...

7. [2017] EmpC 124 Sunair Aviation v Walters [pdf, 175 KB]

   ...less than 40 days (sic); (d) There is no unfair prejudice to Mr Walters from the proposed extension being granted. [14] Sunair Aviation expands on these grounds in a memorandum of counsel, and Mr Power, a director of Sunair Aviation, filed an affidavit in support of the application, essentially confirming that although Sunair Aviation was disappointed in the Authority’s determination, it decided that the cost and delay of another hearing was too much and that it was better off...

8. [2010] NZCA 563 CA500/2010 Melville v Air New Zealand Ltd [pdf, 37 KB]

   ...miss out. [11] Ms Melville deposed that she followed up with the Union on the progress of her file on a number of occasions, through text message and telephone. She was reassured that everything was in hand. Mr Townsend confirmed this in his affidavit. He had assumed that a grievance had in fact been raised. [12] X gave evidence that she worked on the file in Mr Townsend’s absence and had commenced writing a statement of problem. There was a period where, owing to illness, s...

9. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...decision [12] The adviser responded to the interim decision with a submission from her counsel and indicated she did not wish to seek an oral hearing. She invited the Tribunal to decide the complaint on the papers. [13] The adviser did not provide any affidavit evidence, only submissions. The key points in the submissions were: [13.1] She denied anyone told the complainant the adviser had a connection with Immigration New Zealand or that a visa approval was guaranteed. Further she alw...

10. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

    ...security to be fixed in any amount the Court considers appropriate. [25] The ground relied on for this application is that Ms Rachelle will be unable to pay costs if her claim is unsuccessful and an order for them is made. In a supporting affidavit Air NZ said that she was ordered by the Authority to pay costs to it of $4,500 which she has not done despite a formal demand for payment being made. Other supporting submissions were about the state of the pleadings, that her claim i...