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1. [2011] NZEmpC 125 Angus v Ports of Auckland Limited [pdf, 160 KB]

   ...reinstatement which are the same as the tests for interlocutory injunctive relief in other proceedings. Mr Angus‘s application for interim reinstatement has been brought on, heard, and decided at short notice. The only evidence before the Court is on affidavits filed by each of the parties. There has been no cross-examination of witnesses (as may be a particularly important feature of this case) and the parties have not had the usual opportunity to present detailed submissions...

2. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...did find that there had not been any adequate consideration at [18]. As noted, this judgment predates Fuel Espresso. each of the plaintiffs over the 12 months prior to their departure. The schedule relied on by the defendant is annexed to an affidavit sworn by Kelly Services’ Auckland Sales Manager, Mr Nutt. [71] Mr Harrison submitted that the lack of certainty as to who is, and who is not, a customer is relevant to a determination of the current application. As he points...

3. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...point where the professional relationship ended are not relevant to Mr Wang’s professional obligations. Mr Wang’s Response to the Statement of Complaint [11] Mr Wang responded to the Statement of Complaint by filing a Statement of Reply and affidavit in support. [12] He acknowledged there were difficulties in the Practice, including that Mr Martin was a former lawyer, struck off for dishonesty. [13] Mr Wang said he was a part-time employee in the Practice during the period from...

4. [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...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. 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...