Search Results

1. [2012] NZEmpC 173 Gilbert v The Attorney-General in respect of the CE of the Department of Corrections [pdf, 106 KB]

   ...the parties. Without disclosing details that he should not for reasons of privilege, Mr Gilbert says that there was correspondence between the parties in the later part of 2006 but this was apparently overtaken by the timetable for the filing of affidavit evidence with the Court. Mr Gilbert says that in mid-October 2006, immediately before a preliminary conference with the mediator, the defendant elected not to continue in that forum but to proceed with the hearing which was sch...

2. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...respondent will be unable to repay the applicant in the event the applicant succeeds with all or parts of its challenge and that the respondent may also attempt to avoid repayment in that event. These matters are more fully traversed in Mr Simmons’ affidavit. 21 [40] The respondent opposes the application for a stay, deposing that he will be able to repay the costs award if the applicant’s challenge succeeds. He is the sole director and shareholder of a company which holds...

3. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...of the applications heard on 10 September 2010 or, alternatively, that the matters raised by his memorandum of 13 September 2010, be taken into account by the Court in deciding the questions already heard. That application was supported by an affidavit of Ms Currie, junior counsel for the plaintiff, who explained that because of his unfamiliarity with the Employment Court proceedings, Mr Billington was not as 4 [1968] NZLR 608. w...

4. [2015] NZEmpC 4 Booth v Big Kahuna Holdings Ltd costs [pdf, 111 KB]

   ...costs were reasonable having regard to the attendances required. Both applications were dealt with together, and on the papers. A brief notice of opposition comprising four paragraphs was filed in respect of the application for security. A short affidavit setting out the plaintiff’s financial position was filed in support of his application for a stay of proceedings. Brief written submissions were also filed, traversing both applications. The issues were not complex and the law...

5. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...repetition or redirection of her earlier application attempting to bring the matter within the judicial review jurisdiction of the Court. The true intention of the application is perhaps ascertained in the final paragraphs of her supporting affidavit where it seems plain that once again she is applying to have the matter transferred back to the Authority. Chief Judge Colgan has already dealt with and rejected such an application. If the further application is once again seeking...

6. Warrington - Hopa Te Piki (2011) 2011 Chief Judge's MB 325 (2011 CJ 325) [pdf, 162 KB]

   ...Piki, dec‟d Appln for probate 2011 Chief Judge‟s MB 328 Patu Ranginui: applicant Mr Blenkhorn: I appear in support of the application Hone MacMillan: I appear for the next of kin Declaration that deceased died 6 August 1908. Affidavit by C F Phillips licenced interpreter one of attesting witnesses that he saw will executed on 5 August 1908 by Hopa Te Piki. Mr MacMillian: I admit will duly executed. Only question is what lands does will affect. Hopa had...

7. Family legal aid response to consultation [pdf, 565 KB]

   ...undertake the traditional representation role of writing letters or making calls to the other party or negotiating on behalf of their client. Lawyers will also provide legal advice about what information should be included in the court forms and affidavits if a matter is not resolved. The name of the service should reflect that.” (NZLS response to consultation paper 21 November 2013) Another submitter suggested Initial Family Legal Support, saying the name should reflect that...

8. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...out, it had been moderate (some might say lenient) in its response to earlier events, including having regard to the tenor of the internal emails Mr Hook had sent. Use of material from Facebook [27] Mr Reichel gave evidence by way of unchallenged affidavit that he undertook a search of Facebook following Mr Hook’s departure from the company. He says that the page was in the public domain and that he was readily able to access it as it was not protected by a privacy setting. Mr R...

9. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

   ...is and has been Ms Lee’s stance from the outset that her house leaks because the aluminium panels installed by CCS were installed negligently, and in breach of relevant building requirements. [20] His Honour declined to allow three new affidavits to be introduced at the appeal. In disallowing two of these, which were designed to provide evidence of the likely cost of repairing the defective horizontal timber battens, His Honour stated:13 Again, there is a problem for Ms...

10. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu representation (2016) 124 Waikato Maniapoto MB 3 (124 WMN 3) [pdf, 270 KB]

    ...[12] In advance of the 17 May 2016 hearing, further evidence was filed on behalf of Ngāti Pu. This evidence was in response to our preliminary determination and also in response to evidence filed on behalf of Ngāti Maru. [13] In a jointly sworn affidavit Dr Chalmers and Mr Shaw updated the Court on developments within the Rūnanga since the application was first lodged, including an account of various hui at which the application was discussed by Rūnanga members. More detail was...