Search Results

1. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...solicitors, dated 23 August 2018 (to Mr Kearney) and 12 April 2019 (to the Authority’s investigator). The Tribunal notes that the appellants’ solicitors stated that the appellants were available to make statements to the Authority, or provide affidavits. However, there is no indication that statements or affidavits were requested. [c] Copies of relevant documents: the appraisal prepared by Mr Molloy, the Agency listing agreement, the unconditional offer signed by Mr Pallatt,...

2. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...(c) an application advanced by The Fletcher Construction Co Ltd (Fletcher Construction/the respondent) to strike out the application for special leave on the basis that the Court has no jurisdiction to deal with it. [2] Both parties filed affidavits setting out the relevant background. While the evidence has not been tested at this early stage, it provides a useful context for consideration of the applications. [3] Mr Johnston was employed by Fletcher Construction for 29 years...

3. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...injunction against Unite Inc. (Unite), a Union whose members are employed by Wendco in its 23 restaurants. [2] An urgent hearing was timetabled for hearing on Friday, 8 June 2018, on the basis that Unite was able to file a notice of opposition and affidavits prior to the hearing; urgency was then granted. [3] The issue before the Court is whether Unite should be restrained from picketing, or threatened picketing, on Wendco’s property including but not limited to the dri...

4. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 345 (2022 APPEAL 347) [pdf, 313 KB]

   ...during the August appeals week, and on 8 June 2021 the appeal was set down for hearing on 10 August 2021.7 [17] On 27 July 2021, counsel for the appellant filed a supplementary bundle of documents which included the following evidence: (a) An affidavit from Maxine Moana-Tuwhangai dated 13 September 2018; (b) A brief of evidence from Niki Tuwhangai dated 13 September 2018; and (c) A brief of evidence from Christine Boon dated 8 October 2018. [18] These documents were not on the rec...

5. LCRO 110/2017 EB v APPLICATION FOR REVIEW OF A PROSECUTORIAL DECISION [pdf, 262 KB]

   ...involves “a potentially serious issue” involving allegation that Mr EB “retained trust money without authority and engaged in unauthorised dealing with trust money”. 17 Discussion Letter and terms of engagement issues [79] In her affidavit, dated 14 June 2017, in support of the charge, Ms AD deposed that “Mr EB did not provide me with any written terms of engagement or any other written explanation of his services at the time of [my] discussions [in August 2009]”....

6. [2023] NZREADT 14 - CAC 2107 v Sheldon (13 June 2023) [pdf, 156 KB]

   ...health problem. He was also dealing with his first complaint to the Authority. Mr Sheldon learns from adversity and will ultimately be an even better and more competent agent. Mr Crews [42] There is a brief of evidence (24 November 2022) and affidavit (22 May 2023) from Graham Leslie Crews. Mr Crews provides compliance training for real estate agents. He has previously worked as a senior lecturer at Massey University in real estate. Mr Crews has recently been engaged by the a...

7. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...date after the invoice was issued. [31] The evidence showed that Mr Parsons did receive some fees and disbursements in advance of the issue of an invoice for such fees and disbursements. These amounts were identified and referred to in the affidavit provided by the Law Society inspector.7 [32] The amounts listed as being received from such clients in advance of invoice showed that in most cases an invoice for those amounts followed shortly thereafter, with periods rangi...

8. [2010] NZEmpc 98 Marshment v Sheppard Industries Ltd [pdf, 81 KB]

   ...contract is that much closer. It would be artificial, therefore, to freeze frame completely the relevant facts as at the date of the Authority’s investigation meeting, 28 June 2010. [5] This challenge has been determined on the basis of the affidavits that were before the Authority together with some brief updating evidence about relevant circumstances since the Authority’s investigation meeting in late June. That direction was made because, although a hearing by challenge d...

9. Hawkins v New Zealand Police [2024] NZHRRT 8 [pdf, 258 KB]

   ...complainant’s name and identifying details. Permanent non-publication order [74] As foreshadowed, after the hearing Police applied for permanent non-publication orders of the complainant’s name and identifying details. The complainant has sworn an affidavit in support of their name being permanently suppressed. They say Mr Hawkins is using the Tribunal forum to make a personal attack against them, that they view that attack as a continuation of ongoing harassment and advise...

10. Oliver v Accident Compensation Corporation (Personal Injury) [2023] NZACC 208 [pdf, 288 KB]

    ...Corporation's decision.3 On the review application Mr Hinchcliff, Mr Oliver’s counsel, submitted that Mr Oliver expected to return to New Zealand within six months of his departure in March 2016. [24] On 8 August 2022 Mr Oliver provided an affidavit which set out, inter-alia: My intent when my girlfriend and I left New Zealand on 25 March 2016, was to come back home before the UK autumn season at the beginning at September 2016 as this is when Ashley's 1 year unpaid leav...