Search Results

1. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

   ...Authority a “preliminary injunction” upholding the restraint of trade (AA 386/08). The plaintiff challenges that determination and the matter proceeded before me today by way of a hearing de novo. [3] The parties have each filed affidavits. Mr Allright and Mr Forbes have done so for the plaintiff. On behalf of the defendant, Mr Manson has sworn an affidavit. In addition, the parties have provided me with an agreed statement of facts. [4] Mr Allright was employed...

2. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

   ...manager based at Tokoroa Hospital, swore an affidavit in support of the notice of opposition. In addition there was an affidavit in support from Mr Gregory John Peploe, employment relations consultant, who is employed by the defendant Board. Both affidavits set out circumstances claiming to give rise to prejudice, which will be suffered by the defendant if leave is granted. [13] Mrs Parata sets out a little of the background to her relationship with Miss Clear and the deterior...

3. Te Kuru II - Porangahau 1B4 "O" 2 and Mangamaire B13A (2012) 15 Takitimu MB 21 (15 TKT 21) [pdf, 195 KB]

   ...this block in question. [12] At the time Mr Hutcheson had figured that they could run about 400 cows on their block in his estimation this equated to about $100,000 gross income for 12 months. Latter this figure was revised and he deposes in his affidavit of 16 July 2010 that Brownrigg would pay New Zealand Cattle Grazers a net sum of about $85,000 per annum. [13] Sometime after April 2008 the cows arrived and after a few weeks Mr Hutcheson became concerned that they had not been...

4. [2011] NZREADT 6 Eden v CAC 10059 & Seddon Real Esate Limited [pdf, 120 KB]

   ...were Licensee’s at that time & Richard must be charged accordingly with ‘Constructive Fraud’.” [5] The gist of the complaint was that Mr Bean had not paid $16,131.14 in commission to Mr Eden. Mr Eden’s evidence was contained in affidavits from Mr Findlater and from Mr Eden himself and Raewyn Mayvis Eden. [6] Mr Findlater said that Mr Bean had complete control of Seddon Real Estate but had been involved in a joint enterprise with Tonic Creative Communications Li...

5. [2018] NZEmpC 129 Secretary for Justice, MOJ v NZ PSA [pdf, 266 KB]

   ...reasonable notice, being at least 48 hours' notice; (d) such further orders as the Court thinks just; and (e) an order as to costs. [4] The application is accompanied by an undertaking as to damages. The application is also supported by two affidavits and annexed exhibits sworn by Carl Antony Crafar who is the Chief Operating Officer for the Ministry of Justice. [5] The application does not seek to restrain the plaintiff’s CSOs, its employees, from taking strike act...

6. Dick - Wairau Block XII Section 7B2 and others (2021) 72 Te Waipounamu MB 147 (72 TWP 147) [pdf, 323 KB]

   ...submitted. [9] I reserved the decision relating to the preferred class and gave the MacDonald’s a further opportunity to file evidence of their connection to the blocks, as well as any relevant authorities to support their submissions. A further affidavit was received from Phillip MacDonald dated 31 July 2020. Second application – blocks 7A2 & 7A3 [10] On 19 November 2019, a further application was filed to transfer shares in blocks 7A2, and 7A3 to the MacDonald’s for...

7. [2023] NZEmpC 133 Chain & Rigging Supplies Ltd v Nikorima [pdf, 265 KB]

   ...copy information copied or taken from C&R; goods belonging to C&R; and evidence of activities which allegedly breach the obligations Mr Nikorima owed to C&R as an employee. [3] The application is supported by two comprehensive affidavits; a proposed statement of problem; undertakings from C&R; memoranda from counsel, Ms Amaranathan; as well as a draft order. I held two telephone directions conferences with counsel so as to check the proposed terms of the ord...

8. [2024] NZEnvC 273 Department of Corrections v New Plymouth District Council [pdf, 455 KB]

   ...share a common activity status across the various zone chapters in the PDP, with the exception of the Sport and Active Recreation Zone (SARZ). [13] The parties filed a draft consent order and joint memorandum in support dated 10 April 2024. An affidavit of Denise Young affirmed 8 April 2024 was filed in support of the application for an order under s 293. [14] In her affidavit Ms Young records that the Council agrees with APA-DOC that Community Corrections Activities and Community...

9. [2011] NZEmpC 133 Mason Engineers (NZ) Ltd v Hodgson [pdf, 41 KB]

   ...at 10 am in courtroom 8.01 in the District Court at 65-69 Albert St Auckland. [4] The defendant having taken no steps to defend the proceeding, and as I indicated in the judgment of 12 August 2011, the plaintiff may present its evidence by affidavit. The plaintiff’s affidavits should be filed and served by midday on Wednesday 9 November 2011. [5] The plaintiff has indicated that, at the hearing on 10 November 2011, it intends to seek an order authorising the disposal of the a...

10. [2019] NZEmpC 92 Samuels v Employment Relations Authority [pdf, 167 KB]

    ...unless order. The application proceeds against the following backdrop: • A failure to file and serve a court-directed second amended statement of claim on time, which resulted in a hearing date being lost; • a failure to file and serve an affidavit confirming service on time; • a failure to file a record of proceedings on time; • a failure to file a marked-up copy of the statement of claim as required by the Employment Court Regulations 2000; • a failure to file a cou...