Search Results

1. [2020] NZEnvC 184 Russell v Leng.pdf [pdf, 450 KB]

   ...[3] The application for costs is opposed by the respondents. The application is made to cover the costs of filing proceedings being the legal costs in the sum of $7,155.00 relating to the drafting, filing and serving enforcement order together with affidavits and memorandum. The costs of Counsel involved Mr Watts resource management practitioner, seem unexceptional. [4] In addition, the Applicant seeks reimbursement for the cost of an affidavit for Mr Scarlet, being the relevant exp...

2. [2017] NZEnvC 125 Auckland Council v Mao Lau Jesus 2016 Co Ltd & Cao Cindy Property Management Ltd [pdf, 181 KB]

   ...ORDER A. The Auckland Council is directed to serve Liansen Mao by: Auckland Council v Zhang & ors - ex p interim enforcement orders 2 (a) Delivering a physical copy of all of the enforcement order documentation (including the supporting affidavits) to 387 (formerly 423) Ormiston Road, Flat Bush. (b) Posting a physical copy of notice of the application to Mr Mao's address in China. (c) Posting a physical copy of notice of the application to PO Box 276138, Manukau C...

3. [2021] NZEmpC 43 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

   ...challenge pending the outcome of the appeal process. The company filed a notice of opposition to the application for a stay. Mr AlKazaz raised concerns about the basis on which the opposition was advanced. The company was directed to file an affidavit in support of its opposition. Mr AlKazaz then filed an application to strike out counsel for the company. The company responded to the application to strike out counsel by filing a notice of opposition and an application to strike...

4. [2022] NZEnvC 183 Z Energy Limited v Waikato District Council [pdf, 269 KB]

   ...crossings at the site as part of the upgrade works; and (b) the parties are satisfied that the other conditions of the Consent adequately address any effects on the environment resulting from the upgrades to the Z Pokeno Truckstop. 4 Affidavit of Kelly Nigel Cattermole [9] On 15 August 2022, the Court requested the Council advise why it had changed its position on the need for upgrading the existing vehicle crossings, from that in its decision. The Court was particularly i...

5. [2011] NZEmpC 61 Tatua Co-Op Dairy Co Ltd v NZ Dairy Workers Union [pdf, 141 KB]

   ...pre-contractual negotiations or the subjective intentions of the parties. [13] At the Court hearing the Supreme Court decision Vector Gas Ltd v Bay of Plenty Energy Ltd 3 was discussed and it was agreed that the parties would be free to file affidavits dealing with the course of the negotiations for the current collective. The parties would then file submissions dealing with that new evidence in light of the Vector Gas decision and would address issues such as admissibility and...

6. [2017] NZEmpC 4 Marx v Southern Cross Campus Board of Trustees [pdf, 137 KB]

   ...to file an application for a rehearing within 28 days of the date of the judgment, namely on 8 July 2016. The legislation requires that an application must state the grounds on which the application is made and those grounds must be verified by affidavit. The Registrar rejected the application on the basis that the applicable requirements had not been met. There were then further delays and the application was not filed until 3 August 2016, so well outside the statutory timeframe...

7. [2009] NZEmpC WC 18/09 NZ Fire Service Commission v NZ Professional Firefighters Union and others [pdf, 13 KB]

   ...by members of the first defendant union is able to continue without the plaintiff having received 14 days notice so that it could put in place appropriate contingency plans. [3] The defendants have not had the opportunity to file any affidavits and only to be heard over the phone on a “Pickwickian” basis. [4] However, if the plaintiff is able to establish an arguable case, as the papers filed to date indicate, the balance of convenience favours the granting of inter...

8. ENVC-43 application for enforcement order or interim enforcement order [docx, 14 KB]

   ...(eg, street address)]. The name and address of the person against whom the order is sought is: [full name and address]. I apply for the order to be made on the following terms and conditions: [give details]. I attach the following documents:* (a) an affidavit in support of the application; and (b) a list of names and addresses of persons to be served with a copy of this application. [bookmark: DLM196603]*These documents constitute part of this form and, as such, must be attached to both copi...

9. [2017] NZEmpC 148 Crimson Consulting Ltd v Berry [pdf, 107 KB]

   ...The plaintiffs also seek orders permanently sealing the Court’s file on the proceedings which are before it; and for orders that the interim non-publication orders made previously now be made permanent.1 [3] That application is supported by an affidavit of Benjamin Thomas, Chief Executive Officer of Play Atlantic and Senior Academic Advisor of Crimson Consulting Ltd. In his affidavit, he referred to the fact that evidence as filed in this Court for interlocutory purposes contains...

10. [2014] NZEmpC 224 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 167 KB]

    ...Authority AND IN THE MATTER of an application for further and better disclosure of documents BETWEEN SHABEENA SHAREEN NISHA (NISHA ALIM) Plaintiff AND LSG SKY CHEFS NEW ZEALAND LIMITED Defendant Hearing: By affidavits and memoranda of submissions filed on 15 September, 7 and 28 October, and 7, 12 November and 28 November 2014 Appearances: AF Drake and B Nicholson, counsel for plaintiff J Douglas, counsel for defendant Judgm...