Search Results

1. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...but it should not be on the basis that Mr Mercado encouraged the complainant to work for two companies. Instead, it could be referred on the basis that his belief that the outsourcing arrangement amounted to a single employer, was wrong. [44] An affidavit from Mr Mercado (10 October 2019) was provided in support. He set out the fees paid by the complainant ($3,500 excl GST) and offered a refund. At the time the complainant took up the PA role, he believed that she was supplied to A...

2. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...[11] The essence of BCL’s position is that indemnity costs should be awarded for several reasons. The first of these was that BCL had requested that the jurisdictional matter be dealt with on an interlocutory basis, with the filing of affidavits and submissions. Mr Noble had opposed this course of action, preferring it to be dealt with at the substantive hearing which he would travel to New Zealand to attend. As already noted, the Authority then ruled it would deal with j...

3. [2021] NZREADT 28 - New Zealand LJ International Limited & Zeng (15 June 2021) [pdf, 327 KB]

   ...requirements under ss 134 to 137 of the Act in relation to the sale and purchase of a rural property at Kawakawa Road, Lake Taupo (“the Kawakawa Road property”) (“the disclosure issue”). [10] The matters set out below are taken from an affidavit sworn by Mr Gerald Gallacher, a senior investigator with the Authority, and documents exhibited to the affidavit. The audit reports issue [11] In December 2015, the Authority received a report from the Agency’s nominated audi...

4. FT Ltd v D Ltd [2020] NZDT 1418 (27 November 2020) [pdf, 321 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside 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, 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...

5. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...that the third plaintiff is a member of the first plaintiff, and that all other members have the same interest in the subject matter of the proceedings as she does. The same point is made with regard to the fourth plaintiff. [26] Two supporting affidavits have been filed. A representative of each of the two unions produced copies of the applicable rules, together with a form which members are required to sign, stating that the relevant union is authorised to act as the members’...

6. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

   ...conveyancing solicitors, HC advise me no later than 5pm Wednesday 27 May 2009 that you have completed the settlement of Mr TD’s relationship property obligations, I am to prepare, file and serve the notice of motion for committal and supporting affidavit without further reference. 4. I look forward to receiving advice from HC that the transactions have settled. [14] The draft notice of motion for committal sought an order that the defendants be “committed to prison for contempt...

7. [2015] NZEmpC 190 Brown v Adams t/a Untouchable Hair & Skin [pdf, 144 KB]

   ...Hair & Skin v Brown, above n 1, at [144] . person studied at Waimea College (as did Ms Brown) and lives in Nelson (as did Ms Brown). In her cross-examination Ms Brown acknowledged the document was part of her profile page. In her affidavit filed for the purposes of the application for a rehearing, Ms Brown says that she wished to produce a copy of her then current Facebook page to the hearing. She attached a copy of that exhibit to her affidavit. It appears to be a s...

8. Te Wani v Peters - Te Puru No 5 (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49) [pdf, 199 KB]

   ...tables provided in the evidence of Mr Te Wani which they say demonstrates that, notwithstanding that Mr Peters has made payments from time to time, he is in considerable arrears. 25 Exhibit “A” affidavit of Tuhaiti Te Wani dated 10 September 2014. Annexure “H” attached to the amended Brief of Evidence of Tuhaiti Te Wani, 22 October 2015. 112 Waikato Maniapoto MB 63 [57] Neither of the letters relied upon by the applic...

9. Epere - Waima A12B and 2 others and Taheke 25 and 1 other (2012) 35 Taitokerau 131 (35 TKT 131) [pdf, 146 KB]

   ...section 164(5) of the Act. (5) Where a vesting order is sought to effect a gift of any land or interest in land having a value in excess of $2,000, evidence in support of the application from the alienor, if not given in person, shall be by way of affidavit or declaration or evidence taken by a Registrar acting pursuant to rule 51 of these rules. [29] I considered the nature of the Court’s discretion under s 164 in Barnes – Te Horo 2B2B2B Residue 1 . That judgment concerned...

10. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

    ...proceedings before the Tribunal. By application dated 24 May 2016 it seeks an order dismissing the proceedings as against it on the basis the Tribunal does not have jurisdiction. [16] The evidence placed before the Tribunal by the WCDHB is contained in an affidavit by Mr Brogden, the Chief Legal Advisor of the Canterbury District Health Board. As part of this role Mr Brogden is responsible for the provision of legal advice and support to the WCDHB. He confirms the WCDHB was never made...