Search Results

1. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...costs [10] The hearing took nearly a full day (concluding at 3.35pm). The costs incurred by the defendant included those relating to consideration of the statement of claim and preparation of a statement of defence, perusal of the plaintiffs’ affidavits and drafting four affidavits in opposition, drafting submissions, and appearances at a telephone conference and at the Court hearing. The defendant’s costs were based on 40.5 hours of attendances, at a charge out rate of $330 p...

2. Mok v Boyd [2011] NZWHT Auckland 1 [pdf, 94 KB]

   ...that Mr Tibbits is entitled to costs under both grounds of s 91(1) because Mr Boyd‟s allegations and objections to Mr Tibbits‟ removal were clearly without merit and the Tribunal‟s findings establish that Mr Boyd gave false evidence in his affidavit of 14 May 2010 and at hearing. Mr Tibbits has not claimed costs against the claimants as he accepts that they had no personal knowledge of who was responsible for the construction defects on the property and were dependant on Mr...

3. [2020] NZEnvC 119 SKP Incorporated v Auckland Council [pdf, 270 KB]

   ...costs applications on this Court's 2018 and 2019 decisions, counsel endeavoured to persuade me that it was not necessarily reasonable that SKP should have undertaken this work pursuant to the timetable I had set. He pointed to matters in the affidavit in support of Mr DJ Baigent on 15 July 2020, and difficulties for SKP as an incorporated society of volunteers operating in a COVID-19 environment; and accusing KPBL and the Council of an inappropriate "rush" to revive the...

4. [2019] NZEmpC 188 A Labour Inspector of Ministry of Business Innovation and Employment v Jeet Holdings Ltd [pdf, 148 KB]

   ...companies from India, is a matter of considerable concern in the context of this application for a freezing order. [11] The proceedings for a freezing order have been commenced by way of a further statement of claim. This is supported by an affidavit of Mr Lewis and a memorandum of counsel for the plaintiff. In addition, a draft proposed order has been filed. [12] The Labour Inspector has brought proceedings against the defendants after an investigation into the conduct of t...

5. [2021] NZEnvC 154 - Upper Clutha Environmental Society Incorporated & Others v Queenstown Lakes District Council [pdf, 457 KB]

   ...days after the date of written notice), any affected landowners or any other person with an interest in the proposed amendment to Policy 6.3.3.3, may provide to Council: (i) written comments on the proposed policy amendment; and (ii) any supporting affidavit evidence. Council report c. Within 15 working days after the date on which written comments are to be provided in accordance with (b), Council must file with the Court, and serve on all parties that provided written comments: (i) a re...

6. [2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki [pdf, 225 KB]

   ...extension of time to allow his challenge to be filed. What happened? [4] On 30 June 2022, Mr Gumbeze sent an email to the Authority attached to which was an application for leave to file “a challenge out of time” in the Court, a supporting affidavit and an application for the Authority’s investigation of costs to be stayed. On the same day he served those documents on Oranga Tamariki’s lawyers. [5] The Authority realised Mr Gumbeze had made a mistake and promptly referred...

7. Winiata v Ngatai - Whakapoungakau 9B 13, 15B 10, 14, 10B 6A, 11B 6, 13B 5, 16 2B 2G 2E and Pikirangi 9 (Aggregated) (2024) 315 Waiariki MB 272 (315 WAR 272) [pdf, 319 KB]

   ...making a number of assumptions and speculating as to what the application is all about. [10] To confuse matters even more, when the applicant filed an amended application to the Court on 9 April 2023 her supporting documents included an undated affidavit that the Tukuahau Whānau Trust had presumably filed to the Registrar of the High Court at Rotorua. The affidavit provided that the Tukuahau Whānau Trust and trustee Ms Nga Winiata applied pursuant to a number of sections under T...

8. Characteristics associated with the early identification of complex Family Court custody cases [pdf, 89 KB]

   ...involving one or both of the same parties, multiple parties, ex parte (without notice) custody applications, cross applications, CYFS involvement and parties who are legally aided. Other characteristics of complexity that are identified through reading affidavits include the volume and quantity of affidavits, allegations of violence or substance abuse, conflict over shared property and relocation. Contact with one or more of the parties can reveal additional characteristics associated with co...

9. [2006] NZEmpC AC 47A/06 Cliff & Groom v Air NZ Ltd [pdf, 30 KB]

   ...Employment Court [14] This hearing took almost a full day of submissions based on affidavit evidence filed by the parties.3 It covered questions of both fact and law. In addition to material submitted to the Authority, the parties filed further affidavits for the Court. The Court held that the plaintiffs had tenably arguable cases to be reinstated and made conditional reinstatement orders. [15] Air New Zealand had cross-challenged the Authority’s finding that there would be...

10. [2014] NZEmpC 80 Tomo v Checkmate Precision Cutting [pdf, 65 KB]

    ...action in respect of the unpaid sums awarded in its favour. [6] The application for security for costs is primarily advanced on the basis of concerns about the plaintiff’s financial position. It is also said that the challenge is weak. An affidavit has been filed in support of the application, referring to evidence that Mr Tomo is said to have given in the Authority, confirming that while he had found some work since his dismissal he was currently unemployed. Mr Austin, advoc...