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1. Solomon v Solomon - Manukau Lands Trust (2020) 66 TeWaipounamu MB 207 (66 TWP 207) [pdf, 248 KB]

   ...Court.3 [15] Although there has been no formal notification that the grant has been withdrawn, Maui Solomon says the 1BT funding is seriously in jeopardy through the trustees’ continued failure to sign the 1BT funding agreement. [16] In his affidavit, Paul Solomon claims there is a history of dysfunctional relationships between the trustees, with Raymond Solomon and Debbie King being obstructive and refusing to engage with trustee business and decision-making because of their per...

2. Hoggard v Watene - Succession to Te Huinga Watene (2023) 299 Waiariki MB 57 (299 WAR 57) [pdf, 243 KB]

   ...Lot 2, was intended to be transported to Lot 1. [24] Nigel submits these facts make it clear that Te Huinga thought of the “kit-set” home that became the House as a “transportable Bach”. [25] Nigel has provided a set of declarations and affidavits of whānau members who support his application, that the intent of Te Huinga was to gift the House to Nigel. [26] Nigel suggests that the house being gifted at cl 4 of the Will is the house at 271 Ruatoki Road, which is situated on...

3. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been HXed 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 determinatio...

4. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...Court, from dealing with or doing any injury to any property that is the subject matter of the proceedings or that may be affected by any order that may be made in those proceedings. Mr John O’Connor, a director of the applicant, has sworn an affidavit in support of the application, in which he deposes that, as a result of the construction of the speed humps, land owners at the northern end of the Roadway have been refused delivery of essential gas supply by the usual supplier (Roc...

5. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...that judgment. The High Court’s judgment 3 was delivered on 24 November 2011. [3] The matters relevant to the decision of this application include the nature of the proceedings in both Courts illustrated by the pleadings, augmented by some affidavit evidence from each side. That the Court is empowered to order a stay is agreed. So, too, is the broad test for determining whether a stay should be granted. That test is the interests of justice in the particular circumstances of...

6. E v IAG New Zealand Ltd (No 4) [2022] CEIT-2019-0013 [pdf, 535 KB]

   ...November 2022, IAG applied for the recall of the Quantum Decision (the Application), and for a stay on the enforcement of orders made in that decision. This application was accompanied by memoranda setting out the reasons for the application, and affidavit evidence. On the same day, having been supplied with advanced drafts by IAG, Mr and Mrs E filed a memorandum opposing the applications. On 7 November 2022, I issued a minute staying the quantum decision while I considered the r...

7. Moore - Lot 30 DP 40840 (being Oakura F2A) [2020] Māori Appellate Court MB 209 (2020 APPEAL 209) [pdf, 234 KB]

   ...1 Moore – Oakura F2A (2019) 204 Taitokerau MB 64 (204 TTK 164). 2 Being Harriet Purcell, Kahutai Roberts and John Roberts pursuant to s 438(1) of the Māori Affairs Act 1953. 3 Mr Hart swore an affidavit to this effect dated 28 November 2018. 4 Māori Affairs Act 1953, s 438(7). This section provided that an alienation by trustees need not be confirmed by the Court under Part 19, but the associated instrument of alienation required a

8. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...non-publication in this jurisdiction must establish that sound reasons exist for the making of such an order, displacing the presumption in favour of open justice.22 I pause to note that it is not uncommon for the burden to be discharged by filing affidavit evidence detailing the specific reasons relied on. Evidence is not, however, a prerequisite to an order being made. There will be situations where judicial notice can be taken of circumstances which are relevant to the weighin...

9. AJ v ZQ LCRO 134 / 2010 (7 February 2011) [pdf, 139 KB]

   ...[52] The Respondent’s recall is uncertain, and this is not assisted by the fact that she would (not unnaturally) have had some difficulty in comprehending the issues being presented by Ms W. [53] Both Ms W and the Applicant have provided affidavits to the effect that they are satisfied that they were instructed by the Respondent to proceed with the settlement, knowing that this would result in the disputed funds being retained. The Applicant also advises that the Respondent...

10. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

    ...Khetarpal compensate Mr Malcolm, but left the level of other sanctions to the Tribunal. Ms Khetarpal’s response to this complaint [8] Ms Khetarpal through her counsel provided submissions 1 , and supporting materials. The material included an affidavit from Ms Khetarpal. The key contentions were: [8.1] Ms Khetarpal had no control over funds in her practice, and that is a mitigating factor. [8.2] She did not personally receive any client funds, so the Tribunal should not require her...