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1. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...incorporated outside New Zealand. b) There is reason to believe the company will be unable to pay Mr West costs if PGC is unsuccessful in the proceeding. c) It is just in all the circumstances to order security for costs. [5] In his supporting affidavit of 9 October 2014 Mr West deposes: 10.1 PGC has sold all its NZ based assets and therefore will have no cash in New Zealand. 10.2 PGC’s remaining material assets comprise ownership and shares in offshore entities Torchlight...

2. [2020] NZEmpC 184 Labour Inspector v Samra Holdings Ltd [pdf, 222 KB]

   ...v Preet PVT Ltd [2016] NZEmpC 168 at [25]; and A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [2019] NZEmpC 188 at [5]. Discussion Good arguable case [16] The Labour Inspector has filed an affidavit in support of her without notice application. It contains various assertions as to fact. The Court has not, of course, heard from the respondents. My consideration of factual matters is necessarily provisional. I also rely on th...

3. [2021] NZEnvC 008 Wairoa District Council [pdf, 317 KB]

   ...basis the Court advised that the matter would be determined on the papers.7 The Council was directed to file a further brief of evidence addressing the relevant District Plan considerations. The further and existing briefs were to be sworn as affidavits.8 Road stopping considerations [7] Section 342 and Schedule 10 LGA are noticeably lacking in direction as to what the determinative factors might be when the Court considers a road stopping proposal.9 [8] Clause 6 of the Sc...

4. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [pdf, 132 KB]

   ...ensure the maintenance of public confidence in the provision of legal services and to protect the consumers of legal services, under s 3(1)(a) and (b) of the Act. [5] Mr Hong denied the charge and all particulars. He did not personally file an affidavit in support of his denial of the charge. Karen Chan, his legal executive and trust account administrator, swore an affidavit in his support. Mark Anderson, an independent trust account consultant, swore an affidavit having been ins...

5. CAC303 v Patricia Kerr [2015] NZREADT 33 [pdf, 130 KB]

   ...ESTATE AGENTS AUTHORITY (per CAC 303) Prosecutor AND PATRICIA KERR Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Ms N Dangen - Member HEARD at THAMES on 25 March 2015 (with subsequent affidavit evidence) DATE OF THIS CONFIRMATORY DECISION 7 May 2015 APPEARANCES Ms J MacGibbon for the prosecuting Authority No appearance by or for the defendant DECISION OF THE TRIBUNAL AFTER FORMAL PROOF The Charge [1] On...

6. Wilson v CAC 10011 & McPherson, Nottingham & McKinney [2012] NZREADT 51 [pdf, 37 KB]

   ...[g] The Chairperson shares chambers with barristers who have been involved in legal proceedings with some of the second respondents. Such associations having potential and perception to have tainted her mind. [h] The second respondents filed affidavits in support. [7] A timetable conference was held in May 2012 and timetable orders made for the filing of submissions and any other evidence by any party. All these documents were all to be filed by early July. [8] Submissions...

7. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

   ...Incorporation applies for security for costs on the grounds that Mrs Maiava will be unable to pay the award of costs, that the applications lack merit and that it is in the interest of justice that an award of security for costs be made. It has filed affidavits from Mr Gillespie, the Court appointed administrator of the Incorporation. [11] The Incorporation says that there are reasons to believe that Mrs Maiava would be unable to meet an award of costs. Although the Incorporation...

8. [2018] NZEmpC 66 Ben Singh Holdings Ltd t/a Fresh VibeCafé v Singh [pdf, 235 KB]

   ...Singh, the plaintiff believes the amount would not be recoverable if its challenge were to be successful; (d) Ben Singh Holdings is receiving demands for payment from the respondent’s previous representative. [5] Ben Singh Holdings has filed an affidavit from Ms Payal Kumar in support of its application. She was employed as the head chef and had full responsibility to run the Fresh Vibe Café. She says she is authorised to make the affidavit on behalf of Ben Singh Holdings....

9. [2020] NZEmpC 202 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [pdf, 213 KB]

   ...NewZealand Fusion International Limited (NZFI Ltd), is unable to pay the compensation orders against it. This was admitted by Martin Lyttelton, who, as sole director of NZFI Ltd, appeared on its behalf at the hearing. [7] Mr Lyttelton filed affidavits sworn by him in support of the application for rehearing. NZFI Ltd has been placed in voluntary administration under the Companies Act 1993. In his affidavit sworn on 25 February 2020, Mr Lyttelton stated: “Clearly the Company i...

10. Director of Human Rights Proceedings v Slater (Adjournment) [2014] NZHRRT 53 [pdf, 48 KB]

    ...evidence” means “everything”. Because Mr Slater has not in the past adhered to timetable directions and because the adjournment application was made in the last minute of the eleventh hour, such evidence as he files must be in the form of a sworn affidavit or affidavits. Hopefully this will reinforce the seriousness of the situation in which Mr Slater finds himself and the need for both the Director and the Tribunal to know that whatever Mr Slater’s final position is with regard...