Search Results

1. [2025] NZEmpC 66 Weidemann v Landcorp Farming Ltd t/a Pamu [pdf, 165 KB]

   ...last day for filing a challenge was 31 October 2024. On that date, Mr Weidemann took steps to file an application for leave to extend time to file a challenge. However, his application was not accepted for filing as it was not supported by an affidavit.4 The application, along with a supporting affidavit, was subsequently accepted for filing on 6 November 2024. Mr Weidemann stated that he had not yet filed a challenge because he could not find a lawyer, and his supporting affidavi...

2. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...for defendant Judgment: 3 June 2008 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The defendant has sought leave to file a statement of defence out of time. [2] As a preliminary issue, objection was taken by the plaintiff to an affidavit filed on behalf of the defendant on 20 May 2008. There were two main grounds for the objection. The first was that the affidavit was not served on the address for service. It was served by facsimile transmission. The plaintiff’s...

3. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...the Respondents to the same extent as they apply to the Respondents. 2. The Respondents are to pay the Council's costs in respect of this application and order. [3] The Council's application for enforcement orders was accompanied by affidavits in support from: • Scott Morris Dobbie, Monitoring and Compliance Officer employed by the Council; • Gary Hill McKenzie, Team Leader - Monitoring and Compliance employed by the Council; • Reginald Frank Proffit, Consent...

4. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...[16]. 6 At [31]. Preparations for hearing [10] HHG’s challenge was the subject of a directions conference on 10 February 2023. As a result of that conference, and by agreement, a direction was made for evidence to be provided by affidavits with leave to cross-examine if required. The challenge was to be set down for one day. [11] HHG filed an affidavit from Ian Perry. Mr Smalley filed an affidavit and relied on one from an expert witness, James Gallagher, and a b...

5. [2018] NZEnvC 178 The Friends of Sherwood Trust & Ngati Paoa Trust Board v The Chief Executive of the Auckland Council [pdf, 2.6 MB]

   ...the Auckland Environment and Peace Centre Trust, an entity incorporated under the Charitable Trusts Act 1957. It was unclear at the hearing whether the Friends of Sherwood still maintained its Charitable Trust Act status. Mr Hilton, who filed an affidavit supporting the Friends of Sherwood's application, described himself as a trustee of it at a time when it was considered that the correct applicant entity was the Friends of Sherwood Trust. The status of the Friends of Sherwood...

6. LCRO 146/2022 RK v ZW (14 April 2023) [pdf, 361 KB]

   ...regard to the content of Mr RK’s complaint to the extent it was relevant to, or impinged on, the investigation she was conducting. [15] In conducting her inquiry, Ms AY also considered the consequences, from a disciplinary perspective, of an affidavit that a client of Mr ZW’s had filed in the High Court. Concerns about comments made in that affidavit were significant to Mr RK’s complaint that Mr ZW had behaved unprofessionally. [16] In August 2021, Mr ZW filed submissions w...

7. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...unsatisfactory state of the plaintiff’s records following a receivership in Australia. Counsel would then endeavour over the ensuing three months to agree on remedies and if they could not, then they would produce further evidence by way of affidavits initially, and supplementary submissions. I therefore adjourned the matter part-heard. [132] On 29 November 2011 the defendant filed what was described as his “first supplementary evidence”, which consisted of an affidavit anne...

8. [2015] NZEmpC 10 Graeme’s Service Centre v Stalker [pdf, 110 KB]

   ...feelings. [4] A challenge to the Authority’s determination was filed by the plaintiff on 15 December 2014. No application for stay of execution of remedies was filed at that stage. This was not filed until 14 January 2015, supported by an affidavit from Mrs Paget. The affidavit stated: The defendant was now enforcing the remedies she had been awarded. If the plaintiff was successful in its challenge Mrs Paget did not believe that the defendant would be in a position to re...

9. LCRO 104/2020 LN v RT (30 September 2020) [pdf, 127 KB]

   ...instructed Ms RT to act for her in relation to a dispute over whether Mrs LN could take their children overseas. On behalf of her client, Ms RT applied for orders without notice to Mr LN. In doing so, Ms RT assisted Mrs LN in preparing and filing her affidavit evidence. Ms RT also signed the standard form certificate dated 18 June 2019 in which she provided certain assurances to the Court (the certificate). The certificate said: 2 I certify that: 1. I have advised the app...

10. [2019] NZEmpC 108 Plan B Limited v Roberts [pdf, 217 KB]

    ...notice such as this, an applicant is obliged to put relevant information before the Court, including information that may assist the respondent’s defences. In this case, the applicant has properly filed, in support of its application, two lengthy affidavits which set out the basis for the application and include information which may assist the respondent. The application is also supported by documents, which are annexed to the affidavits put before the Court, and which would ap...