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1. LCRO 14/2023 BW and Company A Limited v PK and OJ (31 August 2023) [pdf, 430 KB]

   ...understanding that the first call date could have been as early as she stated it to be. The originating application was on notice. The District Court Rules require any party wishing to oppose such an application to file a notice of opposition, supported by affidavit, within 10 working days of service.50 [82] The timeframe for filing notices of opposition had yet to expire at the time of the 14-18 February 2022 correspondence. It therefore seems unlikely that any call date could yet...

2. [2022] NZEnvC 010 Northport Limited v Whangarei District Council [pdf, 1.3 MB]

   ...for directions under s 293 of the Act to allow further publication and consultation in respect of changes sought by Northport Limited (Northport) to the Urban Package, particularly in relation to the generation of port noise. [2] Having received affidavit evidence from Whangarei District Council (the Council), neither party had any questions and the affidavits were allowed in without further confirmation. Accordingly, the hearing commenced on 4 February 2021 with those documents hav...

3. [2010] NZEmpC 20 Hamon v Coromandel Independent Living Trust [pdf, 37 KB]

   ...awarded costs against Ms Hamon in a supplementary determination given on 4 August 2009 (AA 75A/09) allowing the defendant $13,500 as a contribution to its costs and $1,432.40 “less any GST” as disbursements and witnesses’ expenses. [6] In her affidavit, filed both in support of her application for orders and in opposition to the application for security for costs, Ms Hamon addresses in detail what appear to be the merits of her claim and trenchant criticisms of the process of...

4. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...Lawson v New Zealand Transport Agency [2015] NZERA Auckland 173 (costs). 2 Lawson v New Zealand Transport Agency [2015] NZERA Auckland 116 (substantive). [2] The parties agreed to the applications being dealt with on the papers. Affidavits and submissions have been filed, which I have considered. [3] It is convenient to deal with each application in turn. I begin with the defendant’s application for security for costs and stay. [4] It is well accepted that this...

5. I v J [2016] NZIACDT 15 (24 March 2016) [pdf, 110 KB]

   ...initially refunded only $100 of the $4,500 due. 5 The responses [17] The complainant did not file a statement of reply, but was not required to do so if he agreed with the contents of the Statement of Complaint. [18] Mr J filed an affidavit answering the complaint. Mr J’s position was uncomplicated, he claimed the whole foundation for the complaint was fabrication, and the complaint had through threats and false allegations caused Mr J to pay him money. The essential el...

6. Khan v Khetarpal [2015] NZIACDT 45 (24 April 2015) [pdf, 104 KB]

   ...circumstances. [37] Ms Khetarpal should prepare her submissions on penalty with regard to those factors. 7 [38] The Tribunal will consider an application to conduct an oral sanctions hearing if Ms Khetarpal applies, providing grounds, any affidavit evidence, and submissions. Timetable [39] The timetable for submissions will be as follows: [39.1] The Registrar and the complainant are to make any submissions within 10 working days of the issue of this decision. [39.2]...

7. [2014] NZEmpC 202 Hutchison v Nelson City Council costs [pdf, 112 KB]

   ...consideration when the proceedings were concluded. 13 The only costs which fall for consideration are those of Mr Zindel. He gave advice to Ms Hutchison before the application was issued, and then rendered an invoice to her. Although he prepared an affidavit to support the application, there is no evidence that he charged her for doing so. Otherwise, Ms Hutchison represented herself for the purposes of the application. No award for costs is made. (c) A claim has been made...

8. Manunui v Church – Lot 37-49 DP 34051 (2013) 313 Aotea MB 260 (313 AOT 260) [pdf, 137 KB]

   ...owners of this land, and this ownership has been confirmed by the Court in 2006 and 2011. 4 The land is not subject to any trust and the title to the land is registered under the Land Transfer Act 1952. [11] Counsel also confirmed that the affidavit evidence of the applicants illustrated that the land can be more effectively managed or utilised as General land. In addition, Dr Gilling submitted that the owners have had adequate opportunity to consider the proposed change of st...

9. Reeves v Gardiner - Waikawa Village Sections 15A, 15B and 15C (2011) 8 Te Waipounamu MB 194 (8 TWP 194) [pdf, 105 KB]

   ...$65.00 Communicating with Māori Land Court and subsequent discussions, 1 staff @ $14.50 per hour plus holiday pay for 4 hours $62.64 Research into and preparation of Notice of opposition to Application for Injunction, Preparation of Affidavit and back up documents and preparation for court hearing. Preparation of Costs; 1 Staff 40 hours @ $15.50 per hour plus holiday pay $669.60 Court Hearing time 1 staff @ $14.50 per hour plus holiday pay for 4.5 hours $70....

10. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

    ...fully entitled to do. 5 ... 3 Naera v Fenwick – Whakapoungakau 24 (2010) 15 Waiariki MB 279 (15 WAR 279). 4 Wall v Karaitiana - Tauhara Middle 15 (2007) 85 Taupō MB 225 (85 TPO 225) 5 Affidavit of Wahiao James Gray sworn 13 November 2009, at 101 82 Waiariki MB 207 [149] While I accept that Mrs Fenwick did not deliberately set out to benefit herself and her family, it was inappropriate for her to participate in the d...