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1. Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) [pdf, 297 KB]

   ...judicial conference 0.25 $445.00 9.9 Appearance at judicial conference 0.3 $534.00 9.11 Preparing and filing opposition to interlocutory application 0.4 $712.00 9.12 Preparing written submissions 1.0 $1,780.00 16.1 Plaintiff’s preparation of affidavits to be used at hearing 2.25 $4,005.00 16.2 Plaintiff’s preparation of list of issues and authorities 2.25 $4,005.00 17.1 Preparation where case proceeds to hearing Twice the time occupied by the hearing measur...

2. Allan v Christchurch City Council [pdf, 81 KB]

   ...15 [43] Mr O’Fagan’s evidence indicated he was very much involved in the project management and the direction of this particular development. The degree of his involvement was corroborated by the evidence of Mr Sloane who filed an affidavit dated 17 March 2009 in support of an application for Mr Sloane’s removal. At paragraph 12 of his affidavit, Mr Sloane stated, “Mr O’Fagan made all significant construction decisions.” [44] Mr O’Fagan acknowledged that...

3. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...of complaint. The standard notice to the parties does not require a response if he accepted the Registrar’s statement of complaint. [16] Mr Tan, after an initial response, provided his full response with the assistance of counsel; it includes an affidavit in support. The key area of dispute is whether Mr Tan was dishonest. He accepts he gave incorrect information to the complainant and failed to fulfil his professional obligations. However, he says he was honest and that Ms Aasa activel...

4. [2021] NZACC 69 - Auva'a v ACC (28 April 2021) [pdf, 312 KB]

   ...disability. If Mr Auva’a was obliged to give up this work and attempt any of the suggested five vocations, it was more likely than not that he would be unable to manage due to his injuries. [38] Mr Auva’a’s manager, Terry Brown, provided an affidavit (dated 14 August 2019) about the nature of Mr Auva’a’s employment. Mr Auva’a had worked as a guillotine operator for 30 years. The job required him to set up and operate the printing and bindery machines, load paper, pe...

5. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...such order would be symbolic only. A prohibition order is warranted to mark her disgraceful conduct and uphold the integrity of the profession. [50] In relation to Ms Tafilipepe’s financial position, it is noted she has not provided any affidavit evidence. She remains a current director and shareholder of a number of companies. [51] As for the application for non-publication, the Committee contends it has not come close to meeting the high threshold required to outweigh th...

6. Hubert v Accident Compensation Corporation (Revocation of cover) [2024] NZACC 179 (12 November 2024) [pdf, 381 KB]

   ...was one of the things when I first wrote to them, I didn’t ask [inaudible] I asked that they correct these mistakes. Post-hearing matters [44] Ms Hubert’s statement prompted the Court to seek further information from the Corporation. An affidavit was received from Omi Kulkarni, Recovery Coordinator for the Corporation, sworn on 30 July 2024. The affidavit attached the schedule of claimant injuries; the Individual Rehabilitation Plan (IRP) signed by the case manager on 30 July...

7. [2014] NZEmpC 100 George v Auckland Council ARC 12410 Auckland Council v George costs [pdf, 191 KB]

   ...such claim must be supported by sufficient evidence. 26 Evidence was led at trial in relation to Ms George’s financial position (which included evidence that Ms George had found alternative employment). Ms George has also filed an updating affidavit setting out in detail her income and expenditure. While reference is made to her liabilities, including two mortgages, no information has been provided in respect of her assets, other than a reference to a house that she owns. Not...

8. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...Jiang failed to take steps to create a file, and maintain it for seven years in a form that was available for inspection by the Authority. Mr Jiang’s response to the complaint [14] Mr Jiang filed a statement of reply, and supported it with an affidavit of Mr Xu, a personal assistant whom Sea Consultants Ltd employed. Mr Jiang’s response to the five potential grounds the Registrar identified were: The failure to have a written agreement [14.1] Mr Jiang said he could not recal...

9. Rudd v Hemana - Horowhenua 11 Lake (2022) 451 Aotea MB 214 (451 AOT 214) [pdf, 343 KB]

   ...451 Aotea MB 228 regarding the Returning Officer and the trust’s alleged failure to seek instructions from the Court. [39] Mr Rudd has filed copies of the attendance lists for the election hui and SGM as attachments to his affirmed affidavit and states that a number of the persons recorded on the lists are not recorded as owners in Horowhenua 11 (the Lake) block. He contends that the meeting was therefore inquorate. He further states that only three of the four...

10. [2018] NZEnvC 132 Caradoc-Davies v S R Clearwater [pdf, 11 MB]

    ...imported such concept by implication. The task is even easier here, because the words of exception are express. [32] Counsel for the three parties quoted to me extensively from the AEE and the Mike Moore Landscape Report. In addition, I was provided affidavits by Mr Moore himself, and Mr Granger, setting out what they considered to be factors of relevance in their thinking back in 2006. I have largely disregarded the affidavits, because guided by the decision of the Court of Appeal...