Search Results

1. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...Court’s attention to an actual or apparent conflict of interest on the part of the Auckland Council’s (AC) solicitors and its counsel. He sought directions from the Court concerning this alleged conflict of interest. In support, he referred to an affidavit of Ms George, sworn on 30 March 2012, and an earlier affidavit sworn on 31 May 2010. He also annexed to his memorandum his exchange of letters with the AC’s solicitors concerning this matter. [2] The AC filed a notice of...

2. [2018] NZEmpC 114 Allen Chambers Ltd v Pelabon [pdf, 301 KB]

   ...Pelabon v Zumo Retail Nelson Ltd, above n 1, at [24]. 7 At [25]. 8 At [26]. regarding the Zumo group of companies had been altered, and that ZRNL had no funds to pay the sums for which it was liable.9 [12] The Authority directed that an affidavit be filed and served, setting out the timing and detail of the restructuring of the companies. Moreover, if it was to be argued that the company could not meet its liability to Mr Pelabon, “it must provide certified copies of...

3. [2014] NZEmpC 8 Nelson v Katavich [pdf, 49 KB]

   ...application for an order for disclosure of the documents sought. [12] On 5 August 2013, the defendants disclosed 67 documents by description in a list and by sending copies of them to Mr Acland. [13] In support of the plaintiff’s application, an affidavit was sworn by Ms Finlayson. She also swore an affidavit in opposition to the defendants’ application, as did Ms Nelson herself. For the defendants, two affidavits were sworn by Mr Katavich. Plaintiff’s challenge to objec...

4. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

   ...vacate the current hearing, and that if this did not occur “it would result in a serious injustice to the plaintiff.” She observed that there appeared to be no prejudice to the defendant in adopting such a course. [9] The plaintiff swore an affidavit in support of the matters referred to in counsel’s memoranda. He expressed the view in his affidavit (dated 11 June 2012) that the proceeding had been set down and timetabled prematurely and, from his perspective, was “not rea...

5. [2010] NZEmpC 76 Trans Otway Ltd v Hall [pdf, 38 KB]

   ...MATTER OF an application to extend time within which to commence proceedings AND IN THE MATTER OF an application for a stay of proceedings BETWEEN TRANS OTWAY LIMITED Applicant AND JOHN CHARLES HALL Respondent Hearing: on the papers - affidavits filed 22 January, 19 April, 4 May and 12 May 2010; submssions filed 21 May and 26 May 2010 Appearances: Damian Chesterman, counsel for the applicant David Clark, counsel for the respondent Judgment: 16 June 2010 INTE...

6. [2010] NZEmpC 86 Gwilt v Briggs & Stratton NZ Ltd [pdf, 41 KB]

   ...proceedings, which are set down for hearing on 26 July 2010, on the grounds that the matter has now been settled by the defendant accepting an offer made on behalf of the plaintiff in a letter dated 23 March 2010. [2] The defendant has filed an affidavit from its National Manager, Glenn Woollett, and the plaintiff has responded with a notice of opposition and an affidavit of his own. The plaintiff was also granted leave to file a further affidavit after the 22 June hearing which...

7. McConnor v New Zealand Law Society [2024] NZLCDT 13 (16 May 2024) [pdf, 165 KB]

   ...reliably the triggers of previous wrongdoing and the mechanisms necessary to avoid its recurrence. [12] Various Tribunal, High Court and Court of Appeal decisions concerning Mr McConnor’s wrongdoing and strike-off were produced and analysed via an affidavit by a New Zealand Law Society regulator. Mr McConnor submits that, as evidence, these items are not permitted by s 50 Evidence Act 2006. (Section 50 prohibits using evidence of a finding of fact in a civil proceeding or by a tr...

8. Rudd Senior v Procter - Horowhenua 11 Lake Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107) [pdf, 145 KB]

   ...Procter together with submissions that were filed on behalf of both appellants during the course of the luncheon adjournment and prior to him addressing the Court. We should add that questions from the Bench to Dr Procter were limited solely to an affidavit that he had sworn and filed in the Lower Court proceedings, dated 17 August 2011. In that sense the material canvassed was not new but known to him. Lower Court Decision [8] Chief Judge Isaac’s decision is set out at 270 Ao...

9. [2014] NZEmpC 33 Fox v Hereworth School Trust Board No 3 Interlocutory [pdf, 120 KB]

   ...C Within 21 days from the date of delivery of the Court’s further interlocutory judgment determining the relevance of documents relating to the plaintiff’s police complaints, Abraham Consultants Limited must make disclosure on affidavit filed with the Court and served on the plaintiff of documents in its possession, custody or power, by identifying and describing such documents. If any such documents have been, but are no longer, in Abraham Consultants Limited’s...

10. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [pdf, 176 KB]

    ...against MBL, together with supporting documents. [22] The previous Tribunal chair (Mr Pearson) issued directions on 25 August 2017 setting out a timetable for providing submissions and evidence, together with a request that Ms Shadforth provide an affidavit indicating the circumstances in which the material on which she relied had come into her possession. [23] Ms Shadforth duly provided an affidavit sworn on 7 September 2017. In that affidavit, she withdraws all aspects of the...