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1. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...disclosure (discovery) of certain documents. [24] The sixth matter dealt with is the plaintiff’s application for a verification order under reg 46 of the Employment Court Regulations 2000 (the Regulations) requiring the defendant to make an affidavit stating whether the specified documents or categories of documents are, or have at any time, been in its possession, custody or control and, if such document or documents is or are no longer in the defendant’s possession, c...

2. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   WALKER v FIRTH INDUSTRIES a division of FLETCHER CONCRETE & INFRASTRUCTURE LIMTED NZEmpC CHRISTCHURCH [2014] NZEmpC 60 [30 April 2014] IN THE EMPLOYMENT COURT CHRISTCHURCH [2014] NZEmpC 60 CRC 22/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN PETER JAMES WALKER Plaintiff AND FIRTH INDUSTRIES a division of FLETCHER CONCRETE & INFRASTRUCTURE LIMTED Defendant Hearing: 16

3. Morgan v CAC 20003 [2014] NZREADT 14 [pdf, 209 KB]

   ...agent work. Given the complexities of the transactions and long history, it is submitted that there was an onus upon the CAC to source all relevant contractual documentation, which it did not do. Mr Morgan has now sourced and attached to his affidavit documents which support dismissal of the charges. He has provided a copy of a sale and purchase agreement in the Shallue-Denize transaction from the Shallue’s solicitors, which shows the PGGW logo crossed out. He has provided the c...

4. Tomov v Auckland Council [2012] NZWHT Auckland 34 [pdf, 221 KB]

   ...the other parties claiming 25 against PBS to make out their claim. In the circumstances this is essentially a matter of formal proof. Analysis of the Claim against PBS [88] Ms Wei Wei Zhang gave evidence (confirming her earlier affidavit filed in support of the joinder of PBS) that PBS, trading as VentClad, was engaged by Modern Homes Development Limited to supply and oversee the installation of the Eterpan cladding. Mr Walsh, the labour only builder and seventh r...

5. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...to write to them; and (e) the complainants have suffered loss by reason of Mr DL’s failure to properly advise them and notify them of a conflict of interest. [37] In support of his application for review, Mr DL has also filed and served an affidavit, sworn by him on 18 September 2017. Mrs B also filed and served an affidavit, setting out her dealings in the administration of both estates. 13 Nature and Scope of Review [38] The nature and scope of a review have been dis...

6. Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki 205 (21 WAR 205) [pdf, 205 KB]

   ...block consider that the area is part of the land which is partitioned from the block by Peggy Stirling-Rogers; 4. The trustees of Taungaure 2 block and Peggy Stirling-Roger consent to the right of way; and 5. The further grounds set out in the affidavit of Mr Scullin. [16] In his affidavit Mr Scullin gave evidence of the family agreement reached in 1986. [17] His mother’s application for partition seeks to partition off the relevant area of the Taungaure 2 block to assist w...

7. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...requirement to vary the trust order to include Nan Sullivan 3 161 Napier MB 286-287 (161 NA 286-287) 4 162 Napier MB 109-111 (162 NA 109-111) 5 162 Napier MB 185-187 (162 NA 185-187) 6 Affidavit of Lovie Pullar dated 23 December 2010 at [8] 7 Ibid at [9] 61 Tākitimu MB 49 as a beneficiary and reimbursements made to trustees being made for actual expenses supported by documentation and not just lump sums. 8...

8. [2018] NZEnvC 094 Page v Whanganui District Council [pdf, 1 MB]

   ...opportunity to demonstrate that there is some proper basis on which his applications could be considered. If, in light of the warning I had given, Mr Page wished to amend his applications, then I directed that he file any amended documents, including any affidavit presenting new evidence and any amended application with particulars of any alleged error in jurisdiction and particulars of any allegation of wrong-doing, by 16 February 2018. [20] I further directed that the Council wa...

9. [2019] NZEnvC 154 NEIL Construction Limited v Auckland Council [pdf, 4.4 MB]

   ...held constant for a time period. ff"'.t-;;fi::tc~:>;;;_.,,.,. [42] Mr Bartlett argued that both of these fell within the broader meaning of "aircraft /:"1~t~--~-::i:,(''\\ operations". He drew support from the affidavit of Group Captain DJ Hunt, until recently ( , .. ..r,., ,' ,,.,, \ , ... \ IT\ ),'.'.: ,i?_. <°:./:\ ) •,,·} t {~{,' .'>_,/f!::ii~I --<fl!.1 r,,n 1x:n 'i• ,,,- 13 the airbase comma...

10. [2021] NZACC 69 - Auva'a v ACC (28 April 2021) [pdf, 312 KB]

    ...disability. If Mr Auva’a was obliged to give up this work and attempt any of the suggested five vocations, it was more likely than not that he would be unable to manage due to his injuries. [38] Mr Auva’a’s manager, Terry Brown, provided an affidavit (dated 14 August 2019) about the nature of Mr Auva’a’s employment. Mr Auva’a had worked as a guillotine operator for 30 years. The job required him to set up and operate the printing and bindery machines, load paper, pe...