Search Results

1. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ...earnings in the relevant year. (d) Given that position, the Corporation should have applied s 15(3) to determine an amount that represents reasonable remuneration for services provided as an employee to the company. [22] Mr Watson filed an affidavit stating that from 20 April to 18 July 2021 he worked for the company L & M as a shareholder-employee, working at least 40 hours per week, and that a reasonable income for someone working as a director of the company would be at lea...

2. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

   ...construction” was in line with the purposive approach taken in Deliu, Whata J disposed of the jurisdictional point in the Young appeal in these terms:14 [59] Returning to the present case, while Mr Young was acting for himself in preparing the affidavit of documents, he was, at that time, a practicing lawyer, albeit only for a few months. By omitting relevant documents, Mr Young failed to meet the standards expected of a competent lawyer. The purposes of the Act were therefore engag...

3. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...alia, that an ulnar variance of 2 millimetres was clinically significant. [27] On 18 May 2022, Mr Boland re-affirmed his previous opinion and cited various medical research papers in support. 12 [28] On 18 August 2022, Mr Toa’fa provided an affidavit in support of his appeal. He stated that all of his work involved significant pronation of his wrist. He described the work he did and the accident on 26 June 2020, when he wrenched his right wrist backwards (he now knows that...

4. Waitangi Tribunal - Ngāti Kahu Remedies Report [pdf, 5.3 MB]

   T H E N G Ā T I K A H U R E M E D I E S R E P O R T Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t h e N g ā t i K a h u R e m e d i e s R e p o r t W A I T A N G I T R I B U N A L R E P O R T 2 0 1 3 W A I 4 5 Downloaded from www.waitangitribunal.gov

5. [2011] NZEmpC 11 Bernard Matthews NZ Ltd v Puhia [pdf, 117 KB]

   ...henceforth be entituled “Ovation New Zealand Limited (previously known as Bernard Matthews New Zealand Limited)”. 1 AA434/10, 7 October 2010. The relevant evidence [2] This is taken from the affidavits of the plaintiff‟s plant manager, Sean Naden, and the defendant, together with exchanges of correspondence between the parties. [3] On 18 November 2008 Mr Puhia was dismissed summarily in relation to an incident which had...

6. [2012] NZEmpC 58 Evolution E-Business Ltd v Smith [pdf, 110 KB]

   ...default in disclosing the document earlier for the purposes of inspection. [10] The disclosure that TTL paid the Kensington Swan invoices under a special loan agreement arrangement between TTL and Mr Smith, however, is not new information. In an affidavit sworn on 27 January 2011 filed in the proceeding, Mr Smith deposed in para 17: “TTL has provided me with a loan to assist me in meeting my legal costs in these proceedings but this is simply a loan.” To like effect, the no...

7. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

   ...otherwise appropriate would cause undue hardship to the plaintiff. Assessment requires consideration of the total financial position of the plaintiff including both assets and liabilities and income and necessary expenditure. [30] In his affidavit, the plaintiff says that he has assets of approximately $500,000 and liabilities of $130,000; a net capital position of $370,000. I regard this as a conservative estimate as the plaintiff has omitted all chattels from his list...

8. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   ...the Tribunal will only consider the grounds the Registrar considered to have potential support. The responses [17] The complainant filed a statement of reply, and agreed with the contents of the Statement of Complaint. [18] Mr Kumar filed an affidavit answering the complaint. [18.1] Mr Kumar said the complaint was invention, as there was no person in his practice that fitted the description of the unlicensed person who the complainant alleged provided services unlawfully. [18.2] M...

9. Jones - Pukawa D3 Trust (2015) 124 Waiariki MB 217 (124 WAR 217) [pdf, 246 KB]

   ...direct further research by any party, or by the Registrar from the court records: (g) direct the filing by any party of any valuation, land use, or other report that may assist the court in determining any matter in issue: (h) fix a time by which affidavits or other documents shall be filed: (i) exercise any powers of direction or appointment vested in the court or a Judge by the rules of court in respect of applications of the class with which the Judge is dealing: (j) give such...

10. [2013] NZEmpC 66 Hall v Westpac NZ Ltd [pdf, 83 KB]

    ...ground raised pursuant to 178(2) is that important questions of law are likely to arise in the matter, other than incidentally. 1 The decision of the Court with such an application is discretionary. Factual position [3] The parties have filed affidavits in support, answer and reply setting out their respective positions. Mr Hall was formerly employed by the respondent (Westpac). Westpac had a Career Break and Time Out Policy and after a lengthy period of employment Mr Hall...