Search Results

1. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...injury description noted: Was on rehab programme at gym. Was on wobble board and stepped off heavily with ankle giving way and severe pain. Treated by physio with strapping and other treatment. ACC claim not put through by physio. [6] In his affidavit dated 27 July 2021, filed in support of this appeal, the appellant fixes a date of 6 December 2010 as the date of the wobble board accident. He says: I lost my balance resulting in a heavy fall onto the front of my right foot i...

2. Auckland Standards Committee 1 v Arman [2020] NZLCDT 17 (22 June 2020) [pdf, 289 KB]

   ...standard? 3. If not, are there breaches which lead to a finding of unsatisfactory conduct? 4. What is the proportionate response by way of penalty which will meet the purposes of the LCA? Process [4] The proceedings were served by email and the affidavit of service states that none of the emails returned as “undelivered". The email address used was that with which Mr Arman had corresponded with this Tribunal in previous proceedings. 1 Section 241(1)(c) Lawyers and Con...

3. LCRO 61/2022 YJ v GQ (29 October 2024) [pdf, 218 KB]

   ...that [Law Firm 1] had put Ms YJ on notice that any expenses claimed by her would be subject to scrutiny by the beneficiaries. [31] The Committee further noted that Ms YJ had already made contact with a Notary Public in the [Country A] before the affidavits had been prepared and that Mr GQ/[Law Firm 1] had not advised Ms YJ that it was necessary to have these sworn before a Notary Public. [32] The Committee declined to make any comment on the events occurring at the hearing before J...

4. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...the urgency of the matter and the interim consent orders that had been agreed to in the Court, the parties wished to continue with the Court proceedings rather than recommence them in the Authority. The facts [6] Evidence was given by way of affidavit. Only Mr Eveleigh was required for cross-examination. [7] Mr Broughan is the managing director of Auto-Movements, a car transportation company which operates out of Auckland and Wellington. In September 1996 Auto-Movements purcha...

5. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...4 [2012] NZERA Wellington 8 at [81]. 5 [2012] NZERA Wellington 8 at [81]. 6 [2012] NZERA Wellington 8 at [83]. Submissions [13] Submissions were made against the uncontested background covered in affidavit evidence that there have been significant changes over the last 12 months in the way in which Imperial Tobacco conducts its operations at the Hutt Valley manufacturing plant. The changes result from the introduction of “Project Swit

6. Smith v The Proprietors of Mangaroa and other blocks (2015) 113 Waiariki MB 1 (113 WAR 1) [pdf, 209 KB]

   ...exercised a large degree of control over allocation of work to KLH and others; c) Despite being notified on 5 November 2014 that the applicants intended to bring a claim against it, PFO withheld its contractual arrangements with FDL until an affidavit was filed on 12 December 2014. To the extent that there was confusion as to whom the correct contracting party was, PFO contributed to that; d) Any request for an uplift is opposed. A submission was made that any cost award shoul...

7. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...filing of the application. He argues that 70-75% of those costs ought to be awarded against the Applicant. Mr Hall points out that the costs relate to two appearances in this Court, the filing of detailed legal submissions and two substantial affidavits from Horizon personnel in response to the various allegations made by the Applicant. Submissions for Vivienne Taueki [9] In her affidavit dated 12 April 2011Ms Taueki says that her injunction proceedings were made “on the basis...

8. New Zealand Law Society v Dorbu [2011] NZLCDT 24 [pdf, 102 KB]

   ...2002 when holding a practising certificate as a barrister sole. Charge 3 [8] Acting for more than one party in the same transaction where irreconcilable conflicts of interest among the parties existed. Charge 4 [9] In 2003 swearing a false affidavit of discovery. Charge 5 [10] In 2002 communicating directly with the client of another practitioner having previously dealt with that practitioner. Charge 6 [11] Between 2002 and 2006 failing to promote and maintain proper stand...

9. [2020] NZEmpC 208 Wei v Sunlight JMB Future Ltd [pdf, 255 KB]

   ...determination, because it is the only one of them that can have an immediate effect on him before his challenge is decided. Only one ground was stated to support Mr Wei’s application, namely that he had filed a challenge. Subsequently, he filed an affidavit providing explanations for the challenge, and which may have been intended to supply the grounds of this application. Combining the two produces the following summary: (a) A challenge was filed. (b) Mr Wei provided persona...

10. [2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 244 KB]

    ...that all these steps were pre-planned. [8] Next, it is asserted that ETL emailed all of NZTG’s clients directing them to pay it for services provided by NZTG, and stating that ETL would be servicing the customers in future. [9] In the affidavit evidence filed for NZTG, by Mr Dwayne Smith, Director of NZTG, said that the first to fourth respondents were in breach of their employment agreements with NZTG by: a) using its confidential information in a manner which was dam...