Search Results

1. [2013] NZEmpC 97 Transpacific Industries v Harris and Green [pdf, 238 KB]

   ...in ARC 37/12) was not represented at this hearing and has played a limited role in the litigation. He is no longer employed by the second defendant Smart Environmental Limited (SEL) or any other competitor of the plaintiff. Mr Green filed an affidavit in the proceedings and was called for cross-examination on it. [4] Clause 7.1 (identical in each of Messrs Green’s and Harris’s employment agreements) is as follows: 7. COVENANT NOT TO COMPETE 7.1 You acknowledge that the se...

2. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...they would continue working on the job but that they were told to continue with their work. Mr Gates also notes that the “contractor, the Council and the occupant” were informed of the unfinished flashings. Page | 13 b) In his affidavit of 17 November 2010, Mr Gates states that “for years afterwards David Ryan would use Highfield Way as an example of a job where things had gone wrong”. c) Ms Philpott gave evidence that she was told by Mr Ryan in 2000 that...

3. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...managed the claim on behalf of the trust and the trust company. As beneficiary he would benefit from any decision of the Tribunal in relation to the property. He has clearly given instructions and been in control of the process. [132] BNZ, in an affidavit from the manager, Strategic Services, said that it does not dispute that the funds were advanced to the claimant form November 2009 in order to enable the claimant to pay its lawyers and experts‟ fees in the proceeding. BNZ...

4. LCRO 174/2013 ZF v H BU and G BU [pdf, 252 KB]

   ...failed to administer Ms BU’s affairs properly Mr BS reported that he had interviewed Ms BU who confirmed the complaints insofar as they related to her. However, when interviewed by Mr BS, Ms BU “was unable to refute what was stated in Mr ZF’s affidavit.”13 The Committee accepted Mr BS’s recommendation that Mr ZF had satisfactorily answered the complaints by Ms BU. 5 & 6 Mr ZF failed to follow the instructions of contributors and respond to correspondence The St...

5. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   ...ordered to recalculate Mr Firmin’s compensation backdated to the date of the claim, plus interest. [10] When the application came before me for directions, I directed Mr Murray to file an application for reinstatement of the appeal and supporting affidavits and Mr Firmin waived privilege for his file held by Miller Law, who had represented him when he gave instructions to withdraw the appeal. [11] ACC wanted to confine the hearing to the sole issue of whether the appeal should b...

6. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...valuation process was flawed. [64] In relation to the Council's objections to some of the disbursements, Jaafar says that the fact that an expert is not required to give evidence does not disqualify their costs from being claimed. It presents an affidavit from the principal of Jaafar deposing that the invoices were addressed to a company that manages its business affairs and that the invoices were paid by Jaafar. It also presents an updated schedule of its costs dealing with...

7. Have your say on the family justice system [pdf, 1.2 MB]

   ...Information Act • in deciding if, and how, to refer to your submission in any possible subsequent paper prepared by the Ministry. Court information Please do not share documents about any Family Court cases you’ve been involved in (such as affidavits) or any specific details about your case (such as case numbers). This will help protect the privacy of other people who were involved, such as your children and whānau. It will also make sure that your submission does not breach the...

8. Love v Samuel and Sharon Gemmell Whanau Trust - Anatohia Section 90C Block XVIII Gore SD [2016] Chief Judge's MB 122 (2016 CJ 122) [pdf, 297 KB]

   ...addressed to Mrs S Gemmell from the Department of Conservation; c) A letter dated 16 February 2012 addressed to Sam and Sharon Gemmell from the Marlborough District Council; d) A file note for a Site inspection undertaken on 7 October 2011; e) An affidavit filed by Sam Gemmell dated 26 November 2014 is summarised as follows: i. The Block is owned by the Sam and Sharon Gemmell Family Trust (“the Trust”) constituted on 10 July 2002; ii. The Trustees are Sam Carter Gemmell an...

9. BORA Criminal Record (Expungement of Convictions for Historical Homosexual Offences) Bill [pdf, 8.6 MB]

   ...specified aspects of, the decision: 8 Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill Part 2 cl 18 (b) information or further information (including written evidence given on oath or affirmation and by affidavit) that is or may be relevant to, or to specified aspects of, the decision. (3 ) A person (other than one specified in subsection (4)) commits an offence if the person, without reasonable excuse,— (a) fails to produce, or to allow...

10. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

    ...65 Crimes Act 1961, s 108(1). 21 … an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his or her evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him or her to mislead the tribunal holding the proceeding. [85] It may well have been the case that Ms [J], when put on oath and alerted to the...