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1. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...He submits: (a) his explanation that he had no recollection of having previously acted for Mr VF is credible given the “considerable effluxion of time” between acting for and acting against him; (b) the Committee ought to have called for affidavit evidence given that the reputation of “senior counsel” was in issue; (c) the Committee was wrong to conclude that there was a more than negligible risk of disclosure of confidential information;

2. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...creditor on the lodgement of both caveats. [6] There is neither primary nor secondary evidence as to the nature of the caveatable interest claimed by the creditor under either caveat. The caveat instruments are not in the materials and the affidavit evidence subsequently given in Court proceedings and produced to the Committee relates only to a third caveat later lodged against the title to the [Suburb B] property. [7] The lawyer acting for the applicant and Mr EG was Mr KD of...

3. Teina Pora compensation claim innocence report [pdf, 9 MB]

   ...trial and a Crown application to have her evidence read was declined. I am however asked to have regard to her evidence for the purpose of the compensation claim. 54. The Crown also relies on the evidence of S' q 12jlo \ . She has sworn an affidavit for the purpose of the compensation claim. She was a member of a bowling team which played at Super Strike in 1992. She said that she saw Mr Pora in the company of Ms Burdett on the night of the murder. She had not mentioned this wh...

4. Nicholls v Nicholls - WT Nicholls Trust [2013] Māori Appellate Court MB 598 (2013 APPEAL 598) [pdf, 233 KB]

   ...did so by telephone, by correspondence and then by entry upon the land itself to try and persuade Mr Nicholls to surrender possession of the campground and other lands that he and his associates were occupying. These matters are traversed in the affidavits that were before Judge Coxhead. The affidavit of Mark Nicholls for example refers to entry to the caravan park and flats on 7 April 2012 by trustees in an attempt to deliver a new memorandum of understanding to the caravan owners....

5. LCRO 95/2019 CM v DL (9 March 2021) [pdf, 285 KB]

   ...complied with; and (c) Mr DL had not been authorised to complete any work that was not covered by legal aid; and (d) Mr DL had been given clear instructions not to proceed with any work on a possible appeal of the 20[XB] convictions, until an affidavit had been obtained from a court bailiff; and (e) in the event of that affidavit being obtained, this would ensure that legal aid would cover any future costs of representation; and (f) Mr DL had made errors in the presentation of t...

6. [2007] NZEmpC AC 44B/07 Tones v 3D1 Ltd [pdf, 17 KB]

   ...include travel and accommodation costs for Mr and Mrs Adams and their counsel who are from New Plymouth. [7] Mr Matheson has attached invoices to substantiate these costs which I find are entirely reasonable. [8] Mr Tones filed two affidavits in opposition to the security for costs application. From those I find that he is single, without dependents, and is not impecunious. At the beginning of 2007 he was working on a short term contract in Australia but regards New...

7. [2020] NZEnvC 168 Upper Hutt City Council.pdf [pdf, 175 KB]

   ...Introduction [1] The Upper Hutt City Council (the Council) proposed stopping an unformed road known as No. 1 Line Silverstream (No. 1 Line) shown on SO Plan 518795. The Council lodged a notice of motion with the Court on 16 October 2019 together with affidavits of Brett Hugh Latimer (Parks and Reserves Manager at the Council) and atrick Joseph Hanaray (Council's Roading Manager). UPPER HUTT CITY COUNCIL 2 [2] The Court issued an interim decision on 13 May 20201. In that d...

8. [2021] NZEnvC 152 Kesteven Farm Ltd v Marlborough District Council [pdf, 166 KB]

   ...requiring the appellant to cease taking and using water for irrigation of a vineyard at 164 Hillocks Road, Spring Creek (‘the Property’).1 [2] Accompanying the appeal was an application to stay the abatement notice which was supported by an affidavit of Lindsay Sanford Parkinson, dated 29 September 2021. Abatement notice [3] The abatement notice was issued on 20 September 2021. The reasons for the abatement notice were stated in the notice as:2 The taking of water for irr...

9. [2024] NZEmpC 45 MAH Enterprises (Fiji) Ltd v A Labour Inspector [pdf, 173 KB]

   ...procedure for applications of this sort, the Court applies the procedure set out in r 5.41 of the High Court Rules.6 Rule 5.41 requires that every application for withdrawal must be made by interlocutory application and must be supported by an affidavit giving the grounds of the application.7 Additionally, unless the Court directs otherwise, notice of the application and any relevant documents must be served on the party for whom the applicant acted; that notice must also inform t...

10. [2023] NZEmpC 123 Boulton v Food Thingy Ltd T/A Bird the Word [pdf, 190 KB]

    ...challenge is frivolous and an attempt to avoid paying the costs order. It says it also believes the plaintiff may not be financially able to pay its costs if it successfully defends the challenge. [7] Mr Bishop, a director of Food Thingy, has filed an affidavit in support of the application, in which he confirms the company’s belief that the claim is frivolous and there is no chance of success. He also deposes to his belief that Mr Boulton does not have the financial ability to...