Search Results

1. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. ... Inevitably, a Judge of the Court deciding a challenge can never be as well informed about events as the member of the Authority who conducted the investigation but I can see no realistic means...

2. Tamati v Wainohu - Tamati Whanau Trust (2010) 5 Tairawhiti MB 87 (5 TRW 87) [pdf, 83 KB]

   ...concluded his submissions by stating that he regrets having to bring this application, however he and several whanau members have made numerous attempts to discuss these concerns with the trustees to little or no response. [32] The Court received affidavits in support of the application from Te Waiti Jean-Anne Amorangi Tamati, Ginny’s daughter, and Beverly Hauraki, one of the applicant’s sisters. Mohi Tamati, also a sister of the applicant, and Rangi Tamati, a grandchild, also g...

3. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

   ...Maori Land Court Rules 1994 do not require the filing of a substantive claim. It is 195 Aotea MB 129 acknowledged however that whether there is a serious question to be tried is an essential consideration. To that end, the applicant's affidavit discloses the necessary facts to enable the Court to conclude that there is a serious question to be tried. Failing that, leave is sought to file proceedings per section 18(1)(d) and in accordance with rule 14 of the Maori Land Court...

4. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...what is at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. In most cases, there will not be a hearing at which the parties or their agents appear in person. Thus, resolving differences between the parties or their representatives will be problematic....

5. GN v HJ LCRO 30/2015 (22 June 2016) [pdf, 69 KB]

   ...taken, and to consider instructing other lawyers. He recorded Ms GN being “very quick to respond on that point, and to advise she had every confidence in LM and I to act in her best interests, with diligence and skill”. The lawyers drafted an affidavit in support of Ms GN’s application for temporary protection orders and associated relief against her partner. [19] Ms GN had seen a psychotherapist twice by 20 July 2013 and told Ms LM in an email that “I now understand I can’t...

6. LCDT Annual Report 2021 [pdf, 531 KB]

   ...multiple days. In this reporting period there was a case in which the liability phase only occupied five days. Hearing time is kept to a minimum by the Tribunal’s practice of taking all evidence in chief “as read”, and directing that affidavits are filed well in advance of the hearing. Unless a lawyer has indicated in advance that he or she acknowledges the charges, penalty hearings are normally held separately from the liability hearing, so that the Tribunal has the o...

7. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu representation (2016) 124 Waikato Maniapoto MB 3 (124 WMN 3) [pdf, 270 KB]

   ...[12] In advance of the 17 May 2016 hearing, further evidence was filed on behalf of Ngāti Pu. This evidence was in response to our preliminary determination and also in response to evidence filed on behalf of Ngāti Maru. [13] In a jointly sworn affidavit Dr Chalmers and Mr Shaw updated the Court on developments within the Rūnanga since the application was first lodged, including an account of various hui at which the application was discussed by Rūnanga members. More detail was...

8. LCRO 199/2015 PA v TD and RN (25 July 2018) [pdf, 127 KB]

   ...without prior advice and on the understanding she was transferring the shares to a Trust, and not Mr PA personally). QN is an expert forensic accountant who is widely recognised in litigation before the High Court. [21] The lawyers also referred to affidavits of documents which ran to many pages and the voluminous documentation disclosed in the course of the proceeding. [22] The lawyers attached copies of correspondence recording the terms of settlement offered by Mr PA in the for...

9. [2007] NZEmpC CC 24A/07 Service and Food Workers Union v Alsco NZ [pdf, 69 KB]

   ...employees (as I find did not take place), the union could not have been in any reasonable doubt that reference to the Makarewa Freezing Works was erroneous but inconsequential. Balance of convenience [42] The defendant’s case, as illustrated by its affidavit evidence, has focused substantially, if not exclusively, on arguable case questions rather than the practical effects upon it if it is unable to lock out its unionised employees completely and indefinitely. [43] Although the...

10. Quinney v Accident Compensation Corporation (Causation) [2023] NZACC 102 [pdf, 278 KB]

    ...September 2022 declining to extend the cover to include a peroneal tear of her right ankle. Background [3] On 19 June 2007, Ms Quinney suffered an accident when she slipped on an icy deck and experienced pain in her lower legs and back. [4] In an affidavit dated 9 June 2023, the appellant said of this accident: As the day progressed, the pain and swelling increased immensely, so I contacted my doctor, Dr Blaine Stride. Within approximately two days, I had an appointment where...