Search Results

1. [2025] NZEmpC 216 Pulse 2012 Limited t/a Browne Street Cafe v Stewart [pdf, 195 KB]

   ...order for security for costs? (c) If there is to be an order for security for costs, how much security is appropriate? Is there a reason to believe that Pulse will be unable to meet an award of costs against it? [10] Mr Stewart sets out in his affidavit grounds for his belief that Pulse is unable to meet a costs award. He states that he has been forced to take enforcement action through the District Court to secure payment of the Authority awards. Mr Stewart refers to documen...

2. General affidavit form [pdf, 38 KB]

   at …………………………………… [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………………………………………………………………………….. [occupation] Applicant ………………………………

3. Lawyer's Certificate [docx, 21 KB]

   2 Certificate of Lawyer for without notice applications in the Family Court I certify that— (a) I have advised the applicant that every affidavit filed with this application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant or another person for whose benefit the order is sought; and (b) I have made reasonable inquiries of the applicant in order to establish whether the relevant circumstances have been disclosed; and (c) to t...

4. [2006] NZEmpC AC 67/06 Bowles v Raukura Hauora O Tainui [pdf, 19 KB]

   ...Regulations 2000. On 6 September 2006 counsel for the defendant forwarded a statement of defence for filing and indicated that an application for leave to file the statement of defence out of time would be made. That application and an accompanying affidavit sworn by counsel for the defendant were filed on 11 October 2006. A notice of intention to appear and oppose the application was filed by counsel for the plaintiff on 26 October 2006. That notice of intention to ap...

5. [2006] NZEmpC CC 9A/06 T & R Distributors Ltd v Grimes [pdf, 21 KB]

   ...Court. I then invited the representatives of the parties to provide me with memoranda as to the quantum of costs to be awarded. [2] Both Mr Gould and Mr Lawson provided me with detailed and helpful memoranda. In addition, Mr Lawson filed two affidavits from Ms Grimes as to her financial circumstances. [3] Mr Gould informed me that the actual costs incurred by the plaintiff in relation to the Authority’s investigation were $4,500 plus disbursements of $64. In relation to t...

6. Affidavit in support of application for personal Order [pdf, 168 KB]

   Affidavit in support of application for personal order The Protection of Personal and Property Rights Act 1988 at ……………………………. [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………...

7. [2017] NZEmpC 42 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 70 KB]

   ...now needs to be resolved by the Court as part of the ongoing matters before the Court relating to the original preservation order. [6] In support of his submission that the charges made for the retrieval are unreasonable, Mr Matsuoka has filed affidavits from three experts in the information technology industry. The first affidavit is from Mr Michael Spence who is a computer forensic analyst. His view is that even the lower charge-out rate of $350 per hour seems to be very high a...

8. [2021] NZEnvC 081 J Turkington Ltd v Manawatu-Whanganui Regional Council [pdf, 1.4 MB]

   ...that regard. The Court made a direction that any costs application was to be filed and responded to in accordance with Clause 6.6(f) of the Environment Court Practice Note 2014. [8] On 21 August 2020 JTL filed a costs application supported by an affidavit from Mr G J Turkington, the Director of JTL. 3 [9] The Council filed costs submissions and affidavits dated 4 September 2020 from: • GR Bevin (Council Regulatory Manager); • PN Kinaston (Council Team Leader Consent Moni...

9. [2025] NZEmpC 65 Rural Practice Limited and Abdul-Jabbar v A Labour Inspector of the Ministry of Business Innovation and Employment [pdf, 160 KB]

   ...relevance. The application to expand the scope of the challenge, however, is unsuccessful. Additional evidence is not relevant [14] The additional evidence the plaintiffs wish to place before the Court was not before the Authority. It comprises two affidavits sworn in January 2025. As such, it is not relevant to the issue of whether the Authority made errors of law and fact. [15] I agree with the defendant that this evidence is not properly before the Court. The application fo...

10. Rautangata v Rautangata - Opuatia No 6D No 2D Block (2011) 27 Waikato Maniapoto MB 252 (27 WMN 252) [pdf, 137 KB]

    ...monies from the BNZ in November 1998. I am satisfied however that the evidence Mrs Rautangata gave about the building costs, and how they were paid for is correct. Respondents’ Evidence [20] The evidence offered by the respondents was by way of affidavit only. None of the deponents appeared at the hearing and so were unable to be cross-examined. Ample notice of the hearing was given so that it cannot be said that the deponents did not have the opportunity to appear. 27 Wa...