Search Results

1. [2017] NZEnvC 110 Auckland-Council v L Mao [pdf, 3.2 MB]

   ...Company Limited 2 A: Pursuant to s 279(4) of the Act the Court directs that if the third and fourth Respondents disagree with the prospective action of the Court, then submissions are to be filed within five working days, together with any affidavits in support. B: Auckland Council is to file any submissions and/or affidavits in response within a further five working days. C: The Court will then conclude whether or not it can proceed to finalise this matter on the papers, co...

2. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...Those statements were: 4 [2020] CEIT 2020-0021. 5 (a) statements made in the High Court statement of claim which included claims for weathertightness defects arising as a result of the earthquakes;5 (b) statements made by Mr D in his affidavit filed in support of this claim in which he stated that the property was in good condition and that there was no dampness or any other indications of moisture ingress or damage; and (c) the contents of a schedule setting out repair...

3. 2020 NZEnvC 143 Envrionmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 7.2 MB]

   ...registry of the court and include a register or index, a published list that gives notice of a hearing, a judgment, an order, or a minute of the court , including any record of the reasons given by a judicial officer. The definition does not include affidavits, notices of opposition, or supporting memoranda. [4] Ms Smith's application also seeks disclosure of documents that are not part of the formal court record. Where a person is not entitled to access a document relating to...

4. [2024] NZEmpC 10 Gate Gourmet New Zealand Ltd v Aviation Workers United Inc [pdf, 225 KB]

   ...interim injunction was scheduled for hearing. I noted that if the application for strike-out were to be granted, the interim injunction application would obviously not proceed; if the application for strike-out was dismissed, it could. [14] Full affidavit evidence and submissions were then filed by the parties in relation to both applications prior to 2 February 2024. Application for strike-out [15] The essence of the defendants’ application for strike-out was that the affidavits...

5. [2007] NZEmpC AC 36/07 Bank of New Zealand v Trotter & Anor [pdf, 36 KB]

   ...third application is an application made ex parte seeking orders that personal service on Mr Trent Cary be dispensed with and that substituted service be effected on him by serving the applications for particular discovery by non-parties and the affidavit in support on Cleaver & Co Ltd, Chartered Accountants, Level 1, 26 Crummer Road, Grey Lynn, Auckland. [7] Mr Coyle, on behalf of both Mr Trotter and Mr Parkinson, did not offer any opposition to either the application for part...

6. [2013] NZEmpC 59 Maritime Union of NZ Inc v Ports of Auckland [pdf, 54 KB]

   ...2013, a fixture to dispose of several outstanding interlocutory matters between them was set down for Thursday, 18 April 2013. [2] In accordance with an agreed modification to that timetable the defendant today filed a notice of opposition and affidavits in opposition which contain extensive material which the plaintiff now seeks the opportunity to reply to and, as a consequence, an adjournment of the interlocutory hearing. [3] Another ground for the adjournment was that the pl...

7. [2014] NZEmpC 1 Howard v Carter Holt Harvey Packaging Ltd [pdf, 28 KB]

   ...opposes it and will abide the decision of the Court. The respondent seeks costs on the application. That meant the last day for filing was Thursday 3 October 2013. The applicant missed that deadline. The current application, together with two affidavits in support and a draft statement of claim, were filed by email on Monday 7 October 2013. The application seeks “leave to file a challenge out of time” . That is not an outcome contemplated by current legislation but I inte...

8. [2014] NZEmpC 2 Cottrell v Nelson SPCA [pdf, 32 KB]

   ...That meant the last day for filing was Wednesday 13 November 2013. The applicant missed that deadline. The current application for an extension of time, together with an application for stay of execution of the costs determination and two brief affidavits in support, was filed on 20 November 2013. Application to extend time [5] The lack of opposition to the application to extend time does not necessarily mean that it ought to be granted. The Court must be satisfied that it is i...

9. [2019] NZEmpC 3 NZPPTA v BOT for Rodney College [pdf, 165 KB]

   ...the second defendant to satisfy the Court of the probable existence of the documentation specified in the notice requiring disclosure? I accept that it has. Ms Gattey, a barrister instructed on this matter by the second defendant, has sworn an affidavit setting out the documentary searches she has undertaken for the purposes of these proceedings. This includes a review of approximately 460 documents which the second defendant has identified as being relevant to the matters at iss...

10. [2017] NZEmpC 14 Matsuoka v LSG Sky Chefs Ltd [pdf, 84 KB]

    ...or destroyed as part of the defendant’s alleged usual practice to delete information after the statutory period of six years has elapsed. [3] The application by Mr Matsuoka is accompanied by a memorandum of his counsel Mr O’Brien and an affidavit of a staff solicitor employed by Mr Matsuoka’s solicitors. That affidavit annexes correspondence between counsel for the parties entered into in an effort to obtain acceptable undertakings from LSG on the matters now subject to th...