Search Results

1. [2019] NZEnvC 180 Vortac NZ Limited v Western Bay of Plenty District Council [pdf, 283 KB]

   ...where he did not make out the grounds for the order. The Court could have proceeded on the basis that the application was frivolous or vexatious. On the face of it, the application did not give sufficient basis for the orders sought. Nor did the affidavits support it. Nevertheless, the Court chose to deal with the matter on the basis of the evidence before it. [14] I have concluded that this is without a doubt a case which justifies an order of costs in favour of the Council. The...

2. [2018] NZEmpC 124 Kiwi Ink Construction Ltd v Hughes [pdf, 255 KB]

   ...the date of the determination. [2] The limitation period was not complied with by Kiwi. Kiwi filed its application for leave on 8 June 2018. The application was accompanied by a draft statement of claim to be filed if leave was granted. An affidavit in support by George Paul Ropiha was sworn on 6 June 2018 and filed on 8 June 2018. The application was served on the respondent Dylan Hughes on 18 June 2018. An affidavit of service was not sworn until 31 August 2018. The original...

3. Mahanga v Sade - Horahora 1A1 (2017) 148 Taitokerau MB 237 (148 TTK 237) [pdf, 140 KB]

   ...applicant or, at his or her discretion, by the Registrar on the party against whom it is issued. (4) A party who has been ordered to give discovery must,— (a) within 10 working days after being served with a copy of the order, file in the Court an affidavit of documents in form 7 and serve a copy of the affidavit on the party who obtained the order; and (b) allow the party who obtained the order to inspect any document except a document for which privilege is claimed. (5) If p...

4. [2006] NZEmpC AC 35/06 Wackrow v Fonterra Cooperative Group Ltd [pdf, 34 KB]

   ...costs, the Authority took into account Mr Wackrow’s financial circumstances at the termination of his employment. It ordered that Fonterra was to pay him $4000 plus $365.40 general disbursements. His claim for $1,850 for the preparation of an affidavit by his counsel in criminal proceedings was refused because the Authority had not relied on that evidence. The challenge [10] Mr Wackrow challenges the determination on the grounds that it is wholly inadequate and does not rep...

5. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...statement of defence and a further one and a quarter days ($2,350) are claimed for: ... 4.10 Filing memorandum for case management conference or mentions hearing 4.13 Preparation for hearing of defended interlocutory application and supporting affidavits 4.14 Preparation for hearing [6] Up until 1 February 2011, the defendant had been represented by Mr Higgins, in-house counsel with the Hospitality Association of New Zealand. Mr Higgins filed the statement of defence...

6. [2009] NZEmpC AC 7/09 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 22 KB]

   ...9.30am on Monday 30 March 2009. [8] On 18 December 2008, the plaintiff applied for an order extending the timeframe for the plaintiff to pay the money into Court from 19 December 2008 until 23 January 2009. The application was supported by an affidavit of Trevor David Steele, a chartered accountant in Taupo. Mr Steele deposed that his firm acted for the plaintiff and Mr Cribb, that the plaintiff had progressed significantly in organising a loan from the United States from whic...

7. [2021] NZEnvC 128 Boyd v Queenstown Lakes District Council [pdf, 240 KB]

   ...– Upper Clutha _______________________________________________________________ 2 A: Any s274 party who intends to call evidence and/or make submissions on the matters raised in their s274 notice must file and serve that evidence (in affidavit form) and any submissions within 15 working days of the date of this decision. B: The appellants and QLDC must file and serve any affidavit(s) in reply and submissions within 25 working days of the date of this decision. C: QLDC...

8. [2024] NZEmpC 160 MZHZ v Chief Executive of Ministry of Social Development [pdf, 181 KB]

   ...LPS Mesh. [7] The plaintiff filed his challenge on 26 March 2024. Two days later, he filed an application for an interim non-publication order to avoid the one made by the Authority lapsing. The application was supported by the plaintiff’s affidavit which, among other things, expressed his concerns as to the possible impacts on him if publication occurred. 2 At [18]. 3 At [193]. 4 At [11]. 5 Erceg v Erceg [Publication restrictions] [2016] NZSC 135, [2017] 1 NZLR 310 a...

9. [2024] NZEmpC 141 Byrne v Coverstaff Recruitment Group Ltd [pdf, 218 KB]

   ...security for costs. [3] The plaintiff did not file a notice of opposition to the defendant’s strike-out and security for costs applications. However, on 22 December 2023, he applied for leave to file a notice of opposition but failed to file an affidavit alongside that application. [4] On 23 May 2024, the defendant applied for the Court to order that unless the plaintiff files an affidavit in support of his application to file a notice of opposition within seven days, his appl...

10. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

    ...The first is brought by Ms Maria van Kleef against Alliance Group Ltd (Alliance), being described as an application for further and better disclosure. It follows an earlier interlocutory judgment in which I directed Alliance to file an affidavit of documents in Form G37 under the High Court Rules 2016.1 [2] As a result of that direction, an affidavit of documents was sworn by Mr Kenneth Smith, in-house counsel for Alliance. [3] Ms van Kleef considered the disclosure was...