Search Results

1. [2019] NZEnvC 090 Saville v Queenstown Lakes District Council [pdf, 4.9 MB]

   ...that he also used the helicopter for undertaking farming activities on Malaghans Road, it was clarified during cross-examination this use 4 Transcript at 74. The use of the property for farming activities was rounded up to the nearest whole number. Affidavit of Timothy Andrew Roberts sworn 5 April 2019 at [7J-[18J. , Approximately 40 hectares. • Affidavit of Timothy Andrew Roberts sworn 8 March 2019 at [8J. ? Letter from Kingfisher Investments Pte Ltd to Mr A Beatson dated 15 April 2...

2. [2015] NZEmpC 208 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 130 KB]

   ...affect free and lawful competition between the non-party and Caffe Coffee. [8] Caffe Coffee filed a challenge to objection to disclosure on 10 September 2015. After hearing from the parties at a telephone directions conference I directed that affidavits and submissions be filed and served which would be followed by a submissions-only hearing by telephone. This process resulted in the issues requiring resolution by the Court being refined. [9] Counsel for Caffe Coffee, Mr Cla...

3. [2014] NZEmpC 227 O’Hagan v Waitomo Adventures Ltd [pdf, 129 KB]

   ...judgments is based on an allegation that they were obtained by fraud. The claim as pleaded alleges that Mr Andreef, director and shareholder of WAL, gave perjured evidence at the hearing in the Employment Court. Mr O’Hagan further alleges in an affidavit filed in support of his claim that WAL’s counsel at the Employment Court hearing misled the Court (because he knew, or ought to have known, that Mr Andreef was giving false evidence and failed to take steps in relation to it) an...

4. [2015] NZEmpC 85 Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory [pdf, 181 KB]

   ...the Court had considered a particular charter agreement which it was contended had been relevant to the manner of payment of crew wages. 3 [9] Pursuant to directions which the Court then issued to resolve the challenge, the defendant filed an affidavit of documents in form G37 of Sch 1 of the High Court Rules. Annexed to the affidavit were schedules describing the documents which were in the defendant’s possession, custody or control; those which were no longer in its possessi...

5. [2013] NZEmpC 182 Hally Labels Ltd v Powell [pdf, 15 KB]

   ...for an order staying the proceedings until such time as the security for costs is paid into Court as ordered. [5] The plaintiff has filed a notice of opposition to the application for an order staying the proceedings accompanied by an unsworn affidavit in support. The notice of opposition and the unsworn affidavit contain matters, which appear to be an attempt to relitigate the earlier application for an order for security for costs upon which the consent orders were made. [6]...

6. 2021-10-05 Record of Telephone Conference - PC1 [pdf, 187 KB]

   ...as agreement was reached at mediation. [4] As an agreement has been reached, I no longer require the applicant to be put to a formal proof hearing in relation to these provisions. I am satisfied this matter can be dealt with on the papers with affidavits filed, comprising of planning evidence, a s32AA analysis of the further changes agreed at mediation and a table of officer recommendations on the DS topic. [5] Ms de Latour, counsel for the applicant, confirmed that this aligns wi...

7. [2012] NZEmpC 118 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...[19] Mr Coltman observed that, given the defendant’s view that what occurred at the mediation was confidential, it had not sought to adduce evidence to contest the plaintiff’s allegations, which were not admitted. It had, however, prepared an affidavit from the plaintiff’s representative but did not propose to submit that affidavit to the Court as that would be contrary to its position that nothing said or done by the parties at the mediation could be adduced in evidence. [20...

8. EMPC Guidelines for scale of costs [pdf, 290 KB]

   ...principal representative 34 Obtaining judgment without appearance 0.3 0.3 0.5 35 Obtaining certificate of judgment 0.2 0.2 0.2 Trial preparation and appearance for challenge 36 Plaintiff’s or defendant’s preparation of briefs or affidavits 1 2 4 37 Plaintiff’s preparation of list of issues, agreed facts, authorities and common bundle 1 2 4 Allocated days or part days 38 Defendant’s preparation of list of issues, agreed facts, authorities and c...

9. CAC 10037 v Walker [2011] NZREADT 4 [pdf, 84 KB]

   ...Defendant was served with a notice of the hearing in accordance with the regulation and the Tribunal has received no response. Accordingly the Tribunal heard and determined the charge in the Defendant’s absence. [7] The Tribunal had before it sworn affidavits from the Complainant dated 6 December 2010 and Christopher Delaney, a Real Estate Agents Authority investigator dated 2 December 2010 and 24 March 2011. [8] The Complainant deposes that she came to know the Defendant in We...

10. Bosman v ACC [2011] NZACA 1 [pdf, 123 KB]

    ...currency of any such misimpression was ever gained. [25] Mr Miller filed this appeal on 26 September 2008. The matter has not been actively prosecuted since. 4 Matter Now Before the Authority [26] The Authority now has brief affidavits from the appellant’s former wife (Ms Salanki) and son in law (Mr Love) substantially repeating the content of letters provided previously. In her affidavit of 13 May 2010 Ms Salanki explained she continued to look after Mr Bosman...