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1. [2016] NZEmpC 65 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 418 KB]

   ...he considered those claims should accordingly be resisted strongly. [54] Mr Farrimond had described the steps he took on several occasions by the time he gave evidence to the Court – for example for the purposes of lawyers’ letters and affidavits. He was very familiar with the issues and it was evident he had thought about these before giving his testimony. He was thus able to readily and confidently answer questions which would otherwise have been challenging. [55] Howe...

2. [2012] NZEmpC 56 EBIIWU v Norske Skog Tasman Ltd [pdf, 204 KB]

   ...employees (absent any extra contractual agreement). Relativities between employees would, accordingly, be lost. The factual context [14] The factual context in which this dispute arises is set out in the agreed summary of facts and uncontested affidavits filed by the parties. [15] The original term of the Agreement at issue in these proceedings was from 1 July 2002 to 30 June 2005. It appears that annual holidays were not discussed during negotiations for the 2002 collective agr...

3. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...the Nursery buildings in its schedule of fixed assets and depreciation as having a book value of $49, 559. [51] I heard directly from Mr Taueki when the matter first came before me in April 2013, and I also gave leave for Mr Taueki to speak to an affidavit that he had prepared when the hearing took place in May 2013. It was clear to me that Mr Taueki is a passionate advocate for the restoration of Lake Horowhenua and for the protection of the surrounding land. He is deeply committed...

4. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...records purporting to be additional parts of her client file. Ms Ling’s response to the Statement of Complaint [10] Ms Ling’s response to the Registrar’s Statement of Complaint was in the form of a memorandum of counsel. Ms Ling earlier provided affidavits in support of her position. [11] In relation to the allegation concerning Ms Ling allowing an unlicensed person to carry out some of her responsibilities, the memorandum referred to information the complainant himself supplied...

5. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...Alternatively, Mr Mathias relies on the doctrine of equitable estoppel to claim that “interest” in the land. [24] Exactly what was the nature of the “interest” Sheree claimed was not always clearly articulated in the current proceeding. In her affidavit of 19 March 2014 Sheree framed that interest in different ways. She claimed a right to “remain living on the land and for me to gift my right of occupation by will when I die” (paragraph 7); “permission not only for m...

6. Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena [2014] Chief Judge's MB 314 (2014 CJ 314) [pdf, 183 KB]

   ...whāngai son, and that this is why the land interests were distributed to them in equal shares. The respondent notes that no appeals were made against the 1950 order at the time. The respondent points to further evidence that was given by in an affidavit by Vera Morgan in 1992 that Kiwa and Ranginui had been brought up as brothers. The respondent’s submission also notes that Tamati Morgan had raised Kiwa from a very young age. [32] The respondent submitted that the 1950 order was...

7. CAC20006 v Stevenson [2013] NZREADT 56 [pdf, 76 KB]

   ...signatures on them which he did not think were either his wife’s or his own. These were the Consent and Acknowledgement form and the Commission Rate form. He rang up his wife and subsequently complained to Mr Irving in person. He and Mrs Beer swore affidavits on 17 August 2011 confirming that they did not sign the Disclosure by Agent Consent, Acknowledgement by Agent, or the commission forms. He also complained that most of the communications were between his ex wife and Mr Stevenso...

8. NZHC 349 28 February 2013 Therese Anne Sisson v The Standards Committee [pdf, 181 KB]

   ...June 2007. The appellant did not advise the LSA that Ms H intended to surrender her grant of legal aid. In early July 2007 the appellant applied to the LSA for an amendment to the grant to cover a pre-trial conference and the preparation of affidavits. On 4 December 2007 the appellant filed an application in the High Court seeking waiver of setting down and hearing fees, on the basis that Ms H was a beneficiary and in receipt of legal aid. On 1 April 2008 the appellant e-m...

9. Adams v ACC [2015] NZACA 3 [pdf, 69 KB]

   ...decision of 5 May 1980. At the same time, he sought leave to appeal out of time. 8 CASE ON APPEAL [36] A memorandum of submissions (12 November 2013) setting out Mr Adams’ case was filed by his previous counsel. It is supported by an affidavit from Mr Adams sworn on 12 November 2013. Another memorandum (14 March 2014) was subsequently filed by his former counsel. [37] Mr Adams has himself filed numerous lengthy documents, including a bound, paginated volume and l...

10. Morgan v ACC [2010] NZACA 10 [pdf, 80 KB]

    ...Colthurst, with a life long career in the stock agents industry, explains in his letter dated 17 April 2008 that the appellant’s statement regarding his earnings was in line with the average paid at the time. 4 [26] Mr Brian Cates, in his affidavit of 24 April 2009, also confirms the appellant’s basic salary as being approximately $4,000 per annum and makes reference to a branch memo from 1972 confirming a basic salary of $3,500 in 1972. [27] Stock agents positions...