Search Results

1. [2025] NZEmpC 165 VGM v JXC [pdf, 171 KB]

   ...by consent regarding the identity of the parties and witnesses, their names and any details that would tend to identify them, and the evidence filed, including the details of the defendant’s health information.3 [3] The defendant filed an affidavit in support of the Court granting interim non- publication orders. The affidavit and the closed bundle of documents filed with the Court included detailed evidence from a number of medical professionals regarding the defendant’s me...

2. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...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...

3. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...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...

4. [2009] NZEmpC AC 27A/09 NZ Amalgamated Engineering Printing & Manufacturing & Ors v Zeal 320 Ltd & Anor [pdf, 40 KB]

   ...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...

5. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...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...

6. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...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...

7. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...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...

8. Auckland Standards Committee 5 v Barton [2020] NZLCDT 28 (10 September 2020) [pdf, 143 KB]

   ...[24]. 7 Ibid, 92 at [25]. 8 Ibid, 94 at [35]. 9 Ibid, 93 at [31]. 10 Ibid 11 Ibid, at [29]. 6 [17] Among Ms Barton’s attempts to deflect responsibility was her theme that the workplace was toxic. The weight of evidence, several affidavits from co-workers, indicates her view as singular. From her subjective standpoint, perhaps she felt unsure of her position. That might explain the oddness of such risky behaviour in someone so senior. Clearly, she found herself una...

9. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...which 8 GF v OO [2022] NZEmpC 1 at [20]. at that time were before the Authority, and that AvSec would not make an application for costs in the Authority following dismissal of the applications for interim reinstatement. (b) A lengthy affidavit from a medical practitioner (Dr Febery) was largely irrelevant and led to an escalation of costs. [24] On the first point, there is some force in the hindsight assessment that the AVOs may well have been better off had they acce...

10. [2024] NZEmpC 88 Henderson Travels Ltd v Kaur [pdf, 232 KB]

    ...business that was previously run by Henderson Travels. (e) Henderson Travels is unlikely to be able to satisfy the judgment or pay any costs. (f) It is just in all the circumstances that Flight Experts be joined. [8] Ms Kaur provided a supporting affidavit. She referred to the Authority’s cost award in her favour remaining unpaid, as is the balance of the Court’s judgment sum despite a demand for payment having been made.7 She said that Flight Experts continues to operate...