Search Results

1. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...15 11 See above n 10 at [79] “The Tribunal was quite correct to find that in context the appellant’s conduct was in breach of r 2.7. As the Tribunal noted, the inclusion of such material in the affidavit and the threat to use it was reprehensible. It was conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable and as such constituted misconduct under 7(1)(a)(i) of the Act.” These doubt...

2. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...decision [12] The adviser responded to the interim decision with a submission from her counsel and indicated she did not wish to seek an oral hearing. She invited the Tribunal to decide the complaint on the papers. [13] The adviser did not provide any affidavit evidence, only submissions. The key points in the submissions were: [13.1] She denied anyone told the complainant the adviser had a connection with Immigration New Zealand or that a visa approval was guaranteed. Further she alw...

3. [2018] NZEmpC 3 Kazemi v Rightway Ltd [pdf, 221 KB]

   ...straightforward application of settled law to the facts. I think this reflects an overly optimistic view of the likely complexity of these proceedings, including having regard to the way in which the documentation is drafted (as emerges from the affidavit evidence) and the pleadings (as they presently stand). This includes issues relating to this Court’s jurisdiction to deal with what are said to be purely commercial agreements; the interrelationship between those agreements and...

4. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...with a brief of evidence from Dr Jolly, the plaintiff’s general practitioner. Mr Webster indicated that he did not wish to cross-examine this witness and he was not present. I invited Mr Petherick to provide this evidence in the form of an affidavit but, understandably, he was unable to arrange that today. As the evidence which Dr Jolly would have given was largely corroborative of what the plaintiff herself said and her evidence in those respects did not significantly alter un...

5. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside 20 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

6. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

7. [2013] NZEmpC 27 Hall v Dionex Pty Ltd [pdf, 109 KB]

   ...criteria are met the Court is required to grant leave: no residual discretion exists. I do not accept that submission, for reasons set out below. The facts [5] The facts, as far as they can be discerned at this early stage, can be drawn from the affidavits filed in support of, and in opposition to, the application for leave. They can be summarised as follows. [6] The applicant commenced employment with Dionex Pty Limited (the respondent) on 24 May 2004, initially in the posit...

8. French v Accident Compensation Corporation (Causation and Entitlement to Surgery) [2023] NZACC 212 [pdf, 243 KB]

   ...4 July 2023 the reviewer Ms Parkin says at paragraph 34: Mr French advised that he considered his neck issues started following an accident on 1 September 1974 and that he has suffered from symptoms with his neck from that time. [54] In his affidavit of 12 June 2023 Mr French says: The radiologist did say 3/12/2020 that it would be hard to get a true result because of spasms but I am very grateful to her and her report. ….. I went to see Dr Matti for stem cell treatment. He w...

9. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

10. [2022] NZEnvC 092 Port of Tauranga Limited [pdf, 302 KB]

    ...represent their interests. They are presently represented by Mr Pou but he has whanau commitments which mean that he is unable to appear at the hearing and so these hapū are seeking alternative counsel. The situation was set out before me in the affidavit of Ms Pia Bennett, the Kaiarataki o Te Ohu [1] [2] [3] 3 Kaupapa Taiao Unit (Manager of the Environment and Natural Resource Management Unit) of Te Runanga o Ngāi Te Rangi Iwi Trust and in the submissions of Mr Pou....