Search Results

1. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...on the evidence before it even although this will be unlikely to have been able to be tested at trial and may also be incomplete. That is not, however, the same thing as deciding the case on assertions made in pleadings or even in one party’s affidavits and especially if there is no evidence to support these assertions. Such a presumptive approach also tends to focus unduly on the merits of the substantive proceedings between the parties rather than the respective just...

2. [2009] NZEmpC WC 18B/09 NZ Fire Service Commission v NZ Professional Firefighters Union and others [pdf, 43 KB]

   ...email and phone communication with a view to having the allegedly unlawful strike action suspended forthwith. [2] The following are my reasons for issuing those injunctions. I note at the outset that there was a conflict of evidence between the affidavits filed on behalf of the plaintiff and those filed on behalf of the defendants. Such conflicts may be resolved by credibility findings and after full disclosure of documents. That is not possible at the point of time when interlo...

3. [2013] NZEmpC 201 MacDonald v Whale Pumps Ltd t/a Denby Caterers [pdf, 98 KB]

   ...an application for security for costs AND IN THE MATTER of an application for stay of proceedings BETWEEN SHIRLEY ANNE MACDONALD Plaintiff AND WHALE PUMPS LIMITED T/A DENBY CATERERS Defendant Hearing: By affidavits and memoranda of submissions filed on 25 September, 8 and 14 October, and 4 and 8 November 2013 Representatives: Cor Eckard, counsel for plaintiff Christine Rowe, advocate for defendant Judgment: 12 November 2013...

4. Auckland Standards Committee v Sharma [2015] NZLCDT 12 [pdf, 148 KB]

   ...DATE OF DECISION 23 April 2015 APPEARANCES Mr R McCoubrey for the Standards Committee Mr A Gilchrist for the Practitioner 2 PENALTY DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [1] In an affidavit sworn on 7 November 2014 the practitioner Mr Sharma admitted one charge of misconduct and the facts giving rise to that charge laid by the Auckland Standards Committee No 2. However the Standards Committee and Mr Sharma differ as to...

5. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...of restrictions and for security for costs BETWEEN JOHN MATSUOKA Plaintiff AND LSG SKY CHEFS NEW ZEALAND Defendant Hearing: On the papers - applications, notices of opposition and supporting and accompanying affidavits and affirmations and other documents filed between 8 August 2017 and 19 March 2018 Appearances: R E Harrison QC and M O’Brien, counsel for plaintiff C Meechan QC, A Borchardt and D Erickson, counsel for defendant G Pol...

6. Hiroti - Estate of Bridget Hiroti [2016] 2016 Chief Judges MB 799 (2016 CJ 799) [pdf, 233 KB]

   ...middle name Josephine is after her father; d) Copy of the letter dated 21 December 2010 from Fraser MacDonald Martin & Co Solicitors of Ranfurly confirming that Melissa’s natural mother, Jocelyn Love, consented to the adoption and filed an affidavit confirming that her father died in a motor accident on 27 August 1972; e) A copy of an affidavit from Louella Sonia Ratana (aunty to applicant) dated 25 January 2011 acknowledging that the applicant is a child of her brother Jos...

7. [2018] NZEmpC 89 Lorigan v Infinity Automotive Ltd [pdf, 268 KB]

   ...“witness-tampering”, as well as perjury.2 On those occasions, it was made clear that proper evidence needed to be filed before such serious allegations could be considered. [6] For the purposes of the present application, Mr Lorigan filed an affidavit repeating his allegations, and annexing a range of documents. These included transcripts of conversations he apparently had with various individuals some of whom share his beliefs; a document styled as a complaint to the police...

8. CEIT Practice Notes [pdf, 332 KB]

   ...properly prepare their submissions. Hearing evidence from the parties and their non-technical witnesses The applicant, the respondent and the non-technical witnesses called by either party may only give evidence if their evidence: • has been filed in affidavit form; and • has been circulated to the other parties; and • is compliant with the Tribunal’s directions. At the hearing of this evidence: • the focus will be on clarifying and testing the evidence contained in the...

9. [2022] NZEmpC 165 Halse v Employment Relations Authority [pdf, 264 KB]

   ...bullying. First Security denies these assertions.2 [5] The Authority recorded that mediation was to take place imminently, and that First Security had lodged an application for urgent non-publication and related orders, along with a supporting affidavit. [6] The Authority stated that there were several components to the orders sought: these related to the conduct of Mr Halse. First Security had asserted that Mr Halse had made several threats against it if it did not settle with...

10. [2023] NZEnvC 167 Whangarei District Council v Gorbatchev [pdf, 454 KB]

    ...Respondent. It also listed the items meant by materials, debris and waste. A copy of that order is annexed hereto and marked “A”. Within three months or so, Mr Gorbatchev appears to have complied with that order. That is confirmed in the affidavit of Ms Biddlecombe who filed an affidavit and gave evidence for the Council. There were still several elements of non- compliance, and the lean-to may have remained along with some other debris. The Council overall concluded that the...