Search Results

1. [2022] NZACC 139 - Rawson v ACC (20 July 2022) [pdf, 260 KB]

   ...palmar classification is a palmar IA, which by definition is traumatic. I have been through this classification system with Mr Fong a number of times but he continues to make same mistakes again and again. [28] On 4 May 2021, Mr Nant affirmed an affidavit dealing with his investigation process in which he discovered “the misleading reporting of an alleged incident that allegedly occurred on 21 November 2019”. [29] Mr Nant notes that the appellant says the incident occurred on...

2. LCRO 119/2022 FT v GS (31 October 2022) [pdf, 183 KB]

   ...evidence to the Standards Committee, it would have been preferable, in my view, if the statement had been directly prepared by Mrs FT, rather than drafted by Mr FT. [55] Best practice would have been for Mrs FT to have confirmed her evidence in an affidavit. [56] I accept that the statement provides record of Mrs FT’s recollection of events, but I am not satisfied that the evidence of either Mr GS or Mr and Mrs FT provides the necessary evidential foundation required which would...

3. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

4. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

5. NT v ND & Ors [2023] NZDT 751 (19 December 2023) [pdf, 182 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

6. [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [pdf, 231 KB]

   ...be either a corporation incorporated outside of New Zealand or would be unable to pay costs if unsuccessful. [23] Mr Maheno’s application focuses on Carrington’s ability to pay costs if it is unsuccessful in the proceedings. Mr Maheno’s affidavit raises concern that Carrington 8 McLachlan v MEL Network Ltd (2002) 16 PRNZ 747 (CA) at [15]–[16]. 9 High Court Rules 2016, r 5.45(2). is in financial trouble and may be liquidated shortly which could mean he would no...

7. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

8. TD v KD [2024] NZDT 174 (11 April 2024) [pdf, 129 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

9. Soulsby v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 102 (18 June 2024) [pdf, 226 KB]

   ...Corporation argued that the evidence did not establish that the applicant had been incapacitated for work at any time prior to his release from prison. [19] The evidence before the Court included the available contemporaneous medical records, affidavit evidence from the applicant and his friends and family, 3 Accident Compensation Act 2001, Schedule 1, clause 43. 4 Soulsby v Accident Compensation Corporation [2021] NZACC 169. and various medical reports, including a report obtai...

10. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

    ...the circumstances.7 Where an order for substantial security may effectually prevent a plaintiff from pursuing their claim, security should only be ordered where the plaintiff’s claim has little chance of success.8 Analysis [14] Based on the affidavit provided in support of the defendant’s application, I accept that there is good reason to believe that the plaintiff will not be able to pay an adverse award of costs if she is unsuccessful on her challenge. This is accepted by th...