Search Results

1. [2023] NZEmpC 169 BDX v PZY [pdf, 195 KB]

   ...(b) an application from PZY for security for costs in the amount of $20,000 and that proceedings are stayed until security has been given. PZY’s application also seeks to review this amount in the future. [4] Both applications are opposed. Affidavits have been filed [5] The parties have each filed affidavits in relation to the two applications. PZY’s evidence is that they have now sold their business due to health issues and they do not have the resources to fund unnecess...

2. [2018] NZEmpC 8 Nisha v LSG Sky Chefs NZ Ltd [pdf, 1.4 MB]

   ...computers and databases to smart phones and its telephone systems. Thirdly, it did not agree that an independent consultant needed to undertake the search, as had been proposed for Ms Alim. On one point, LSG was ordered to file a more detailed affidavit than it had already provided, and an affidavit as to the obtaining of records of ex- employees.26 Costs were reserved. [64] For Ms Alim a claim is made for $28,628.55, on an indemnity basis – essentially it was argued that LSG...

3. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...1 Transcript, at pp 190, line 19: Cross-examination evidence of Penelope Rollston. 2 Transcript, at pp 177, lines 14-31: Cross-examination evidence of Stephen Webb. 5 [17] Mr Webb’s former legal partner, Ms Stevens, said in her affidavit of 15 March 2010 that it was not common practice in Nelson for estate properties to be in the hands of house-sitters until sale. In a second affidavit, dated 14 June 2010 and filed in response to affidavits filed for Mr Webb, Ms Stev...

4. Bennett v Proprietors of the Waipiro A22B3 Incorporation (2014) 39 Tairawhiti MB 257 (39 TRW 257) [pdf, 257 KB]

   ...Officer to investigate the affairs of the Incorporation. Procedural History [7] The initial hearing was held on 8 August 2013 in Gisborne. 3 An adjournment was sought to allow time for Counsel for the respondents to consider the applicants affidavit and provide additional submissions in response. [8] On 12 September 2013, the substantive hearing was held. 4 Affidavits filed were taken as read and the hearing focused on the cross examination of witnesses. At the conclusion o...

5. TG v Standards Committee LCRO 205/2014 (30 June 2014) [pdf, 359 KB]

   ...by saying he was further away from opposing counsel, and had raised his voice so he could be heard. [50] He said he had not spoken to the other lawyers who were in Court, nor had he shouted at or sworn at the security officer. He attached an affidavit sworn by his client,13 which corroborated the latter aspects of his evidence, as well as expressing the client’s view of events in Court. She was also critical of what she considered to be inappropriate flippancy by Judge EJ. [...

6. [2010] NZEmpC 112 Pacific Blue Employment & Crewing Ltd v B [pdf, 34 KB]

   ...day to day operation of the plaintiff being carried out by staff of Pacific Blue Airlines NZ Ltd. In particular it appears that the defendant was dismissed by a manager of Pacific Blue Airlines NZ Ltd. [4] The parties have filed comprehensive affidavits accompanied by voluminous exhibits. I have considered all of that material but it is unnecessary to make detailed reference to it in the course of this decision. [5] The principles by which applications for interim reinstatement ar...

7. [2014] NZEmpC 141 Hally Labels Ltd v Powell oral judgment [pdf, 72 KB]

   ...since the adjournment of the case part-heard. I say belatedly made because the five day hearing ended on 4 April 2014. The application, which is for further discovery and inspection, was not filed until 27 June 2014, and even then unsupported by affidavit evidence. Such affidavit evidence in support was only filed in response to the opposition and evidence filed by the plaintiff. The defendant’s position in respect of these documents was clear when the earlier hearing concluded...

8. [2014] NZEmpC 219 D’Arcy- Smith v Natural Habitats Ltd [pdf, 100 KB]

   ...condition of stay, Mr D’Arcy-Smith should be required to pay the relevant sum to the Registrar, to be held on interest bearing deposit pending the outcome of his challenge. [8] Mr D’Arcy-Smith had filed and served an extensive and detailed affidavit in support of his application for stay on 1 September 2014. The defendant’s notice of opposition to the plaintiff’s application for stay orders, filed on 20 August 2014, is brief and addresses the merits of the Authority’s det...

9. [2017] NZEnvC 198 Lau v Auckland Council [pdf, 292 KB]

   ...and staying the proceeding until that was done; and (b) a decision dated 7 November 20172 in which I corrected my earlier decision by including provision for costs to be considered in respect of that earlier decision, and also directed that two affidavits filed by Mr Lau not be received as evidence. [2] The Auckland Council now applies for costs in accordance with the directions in the second decision. Its counsel has filed a comprehensive memorandum dated 14 November 2017 which...

10. [2018] NZEmpC 51 Kocatürk v Zara’s Turkish Ltd [pdf, 349 KB]

    ...overall interests of justice, lack of prejudice to Zara’s Turkish, and because the proposed proceeding is said to be “integrally associated” with Zara’s Turkish’s challenge to the determination. A draft statement of claim and a joint affidavit by Mr and Mrs Kocatürk supported the application. 2 At [47]. 3 At [48]. [7] If this application succeeds Mr Kocatürk intends to challenge the determination that he was...