Search Results

1. [2025] NZREADT 08 - OQ v Knowles & Maclean (21 March 2025) [pdf, 327 KB]

   ...contributory negligence on the part of OQ. On 23 October 2024, OQ filed a statement of defence to the affirmative defence. OQ also filed her statement of evidence and a statement of evidence of NN. [27] On 20 November 2024, Mr Knowles filed an affidavit of evidence and on 26 November 2024, Mr McLean filed an affidavit of evidence. 6 OQ’s Claim [28] OQ claims damages totalling $73,486.05 comprised as follows: (a) Payment of damages paid on settlement to purchaser: $60...

2. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...filed a statement in reply to the claim. In addition, it applied to dismiss the claim. In April 2023, the third and fourth defendants (as respondents in the Authority) also sought to dismiss the claim. [12] On 9 May 2023, Ms Bowen filed an affidavit as part of her opposition to the applications to dismiss her claim. Some of the evidence included in that affidavit was the same as the evidence she unsuccessfully attempted to rely on in the BNZ litigation. Mr O’Brien, counsel f...

3. [2025] NZEmpC 159 McCormack v Reserve Bank of New Zealand [pdf, 239 KB]

   ...assessment of whether Mr McCormack has an arguable case that he was unjustifiably dismissed and an arguable case that, if he was, he will be permanently reinstated. The Court’s assessment is based on untested evidence contained in sworn/affirmed affidavits. The facts giving rise to the claim [6] Mr McCormack was employed as a senior analyst in the RBNZ’s Prudential Policy Department.2 This department is responsible for advising on the structure, regulation and supervision of...

4. [2025] NZEmpC 168 Jenner v Corrections Association of New Zealand Incf [pdf, 287 KB]

   ...entitled to specificity. [76] Mr Little also submits that the explanations are shifting. He says that certain issues were never put to Mr Jenner as grounds for removal in the notice, but have been raised subsequently in Mr du Plessis’ affidavit. Further, he notes that these issues would not have been before the executive committee whose knowledge would have been confined to issues in the 26 July 2025 notice. It was therefore a breach of Mr Jenner’s natural justice r...

5. Keepa v Leighton - Kiwinui Trust [2025] Māori Appellate Court MB 367 (2025 APPEAL 367) [pdf, 285 KB]

   ...pōti ki te hui ā-whānui, kāhore i mua i te Kooti Whenua Māori. I mea atu ia, e hāngi pū ana ki ngā whakamātautau ā- ture me titiro mātou kia tae atu ai ki tētahi whakataunga e tika ana mō tētahi kēhi. [17] Mr Keepa provided an affidavit for this appeal on 23 July 2025. Mr Keepa says he was not legally assisted in the initial hearing and the information he provides in his evidence relates directly to the issues that must be considered by this Court, specifical...

6. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...issue in this claim and has to be addressed by a close analysis of the nature of the legal advice given to the claimants by their own conveyancing solicitors. Those solicitors were not involved in the hearing and gave no evidence apart from an affidavit filed in support of their opposition to being joined to the proceedings.11 10 Mckeown Group Limited v Russell above n 5. 11 I conclude that affidavit is admissibl...

7. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...Judge Armstrong concluded: [131] Mrs Martin had personal knowledge of each of these. She knew the arrangement was not recorded in a written agreement. Mrs Martin herself was unable to properly explain or justify the basis of her fee. In her second affidavit, Mrs Martin states she attended the trustee meetings where the payments to her were approved. As such, she would have known that her brother voted in support of those payments. [132] Mrs Martin did not produce the feasibility st...

8. Practice Note 2023 [pdf, 301 KB]

   ...application on notice for a priority fixture 11 may be made, supported by: i. a memorandum setting out the reasons for the application, when the proceeding will be ready for hearing and the likely duration of the hearing; and ii. affidavit evidence which may be relevant to determining whether priority should be granted. (c) Relevant considerations in relation to an application for priority may include: i. why the proceeding should be heard in priority to other...

9. [2023] NZEnvC 211 Masterton District Council [pdf, 782 KB]

   ...orders that specified rules in the proposed Wairarapa Combined District Plan (the proposed plan) have legal effect from the date of public notification of the proposed plan (expected to be 5 October 2023). [2] The application is supported by affidavits of: (a) Solitaire June Robertson, Planning and Regulatory Manager at Carterton District Council; (b) Charles Price Horrell, Consultant Planner contracted by the Wairarapa District Councils; (c) Rodney George Yeoman, Formative,...

10. [2010] NZEmpC 138 George v Auckland Regional Council [pdf, 36 KB]

    ...recruitment of a casual employee in breach of the ARC’s recruitment policy and to concerns about the veracity of explanations Ms George gave in response to that allegation. [4] Ms George’s employment relationship problem (as set out in her affidavit in support of her application for special leave sworn on 11 August 2010) includes claims of unjustified dismissal, unjustified action causing disadvantage, breaches of contract and breaches of the Act. In addition to claiming the...