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  1. [2019] NZEnvC 129 Thornley v Marlborough District Council [pdf, 12 MB]

    ...award costs against the appellant in favour of the other parties for their preparation for hearing;4 [2019) NZEnvC 83. Amount sought is 100% of cost incurred. Amount sought is 30% of cost incurred. Total legal costs incurred is $2,247.50; See Affidavit of P D Johnson, dated 17 May 2019, Exhibit E. Environment Court Practice Note 2014 at 6.6(a). 5 6 7 8 9 10 3 (b) the case law reinforces the point made in the Practice Note, highlighting that late withdrawals cause...

  2. Dawson v Crown - Kawerau A4 (2022) 272 Waiariki MB 191 (272 WAR 191) [pdf, 251 KB]

    ...land and an application for an urgent injunction was filed with the Court. Ko te hātepe ture o te tono nei Procedural history [9] On 8 March 2022 the applicants applied to the Court for an urgent injunction. The application included a sworn affidavit of Maria Dawson, and a memorandum of counsel which set out the reasons for the application and the relevant law. [10] On 10 March 2022 the following directions were issued by the Court: (a) This application is to be set down f...

  3. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

    ...unlawful discharge of sewage ceased; and (d) $2,099 (excluding GST), which relates to plumbing work carried out by Laser Plumbing Oamaru to ensure the new discharge field installed by Mr Mitchell was compliant. Investigation costs [11] An affidavit from Mr Andrew Curtis Gibson was also filed in support of the application. That affidavit explains the costs incurred by the Council, including costs associated with Council officers investigating the unlawful discharges from Mr Arm...

  4. [2012] NZEmpC 139 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 59 KB]

    ...applications to modify or set aside the orders that I made. 1 [2012] NZEmpC 131. [2] The plaintiff has now filed the report of the independent solicitor, Michael William O’Brien (by way of an affidavit) and the report of the plaintiff’s solicitor, Peter Michael Hardie (also by way of affidavit). [3] Ms Dew, counsel for the plaintiff, filed a memorandum on 9 August 2012 confirming that the search order was executed on 3 August...

  5. [2013] NZEmpC 104 Gazley v Ocenia Group (NZ) Ltd [pdf, 60 KB]

    ...until the outcome of her challenges is known. In support of that application for stay of execution, she has sworn and filed an affidavit and annexed a copy of an affidavit she filed with the Authority in respect of the costs’ issue there. These affidavits set out her current financial position. [3] In addition to those documents, on 20 May 2013 Mrs Gazeley’s counsel, Ms Sharma, prepared and filed a memorandum on her behalf. [4] In response to the application for stay and acc...

  6. [2013] NZEmpC 112 Nelson v Katavich [pdf, 61 KB]

    ...for the examination of Mr Katavich as to the means of Haldeman. A summons was issued requiring Mr Katavich to attend an examination on 11 April 2013. (c) On 19 March 2013, the application for stay of execution was made to this Court but no affidavits were provided in support of it. (d) On 22 March 2013, the summons was served on Mr Katavich. (e) On 25 March 2013, the Chief Judge issued a minute suggesting that the application for stay be resolved by Haldeman paying the...