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Affidavit in support of application for personal order The Protection of Personal and Property Rights Act 1988 at ……………………………. [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………...
...now needs to be resolved by the Court as part of the ongoing matters before the Court relating to the original preservation order. [6] In support of his submission that the charges made for the retrieval are unreasonable, Mr Matsuoka has filed affidavits from three experts in the information technology industry. The first affidavit is from Mr Michael Spence who is a computer forensic analyst. His view is that even the lower charge-out rate of $350 per hour seems to be very high a...
...that regard. The Court made a direction that any costs application was to be filed and responded to in accordance with Clause 6.6(f) of the Environment Court Practice Note 2014. [8] On 21 August 2020 JTL filed a costs application supported by an affidavit from Mr G J Turkington, the Director of JTL. 3 [9] The Council filed costs submissions and affidavits dated 4 September 2020 from: • GR Bevin (Council Regulatory Manager); • PN Kinaston (Council Team Leader Consent Moni...
...relevance. The application to expand the scope of the challenge, however, is unsuccessful. Additional evidence is not relevant [14] The additional evidence the plaintiffs wish to place before the Court was not before the Authority. It comprises two affidavits sworn in January 2025. As such, it is not relevant to the issue of whether the Authority made errors of law and fact. [15] I agree with the defendant that this evidence is not properly before the Court. The application fo...
...following on from a further directions conference, Judge Travis noted that counsel had requested a fixture so that submissions could be made to the Court in respect to the representation issue. His Honour noted that Mr Harrison would be filing an affidavit disclosing his role in the plaintiff’s dismissal and annexing relevant correspondence and a summary of submissions as to why he should continue as counsel. At that point, Ms Walker was representing herself. Before me, she exp...
...proposed proceedings before the Employment Relations Authority, as set out in a draft statement of problem which was filed with the application. c) the defendant may misuse the plaintiff’s confidential information. [3] It was clear from the affidavit evidence filed in support of the application and counsel’s submissions that there was a very substantial and significant risk that any orders that might be made on notice could be nullified by the defendant deleting from his comput...
...not accepted. Zeal had provided undertakings to the Court and yet the plaintiffs elected to proceed with their claim against both defendants in the face of those undertakings. [8] The settlement proposal, dated 30 June 2009, was annexed to an affidavit of Mr Doak, who was employed by Air NZ as senior legal counsel, and whose affidavit was filed in support of the costs applications of both Zeal and Air NZ. Mr Caisley summarised that settlement proposal as follows: a) agreein...
...administration and application of the relevant regional plan has joined the proceedings pursuant to s 274 Resource Management Act 1991 (RMAlthe Act) and also opposes the application. [5] Evidence in these proceedings came into the Court by way of three affidavits from Ms Taueki and one affidavit from Mr G J O'Neill, the Council's Project Manager. Neither Ms Taueki nor Mr O'Neill were cross-examined on their affidavits. 3 Background [6] The Queen Street drain i...
...difficult questions of law requiring extensive argument. (e) The Court should be slow to strike out a claim in a developing area of law. [8] In this case a further consideration is the Court’s ability to take into account the content of affidavits filed by Air NZ in support of its application to strike out parts of the statement of claim. In Attorney-General v McVeagh the Court of Appeal held that a court is entitled to receive affidavit evidence on a strike out application a...
...in continuing to pursue one or both of the claims before the Tribunal. Assessment of application to adjourn sine die The strike-out application has been before the Tribunal since November 2016. Despite repeated extensions, no submissions or affidavits in opposition have been filed by Mr Handy. Instead, after repeatedly seeking extensions of time in response to the arrival of deadlines, a year after being served with the strike-out application, he filed an application to adjourn...