Search Results

1. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...repetition or redirection of her earlier application attempting to bring the matter within the judicial review jurisdiction of the Court. The true intention of the application is perhaps ascertained in the final paragraphs of her supporting affidavit where it seems plain that once again she is applying to have the matter transferred back to the Authority. Chief Judge Colgan has already dealt with and rejected such an application. If the further application is once again seeking...

2. Ketu - Estate of Te Ringahuia Rangitakatu [2018] Chief Judge's MB 237 (2018 CJ 237) [pdf, 380 KB]

   ...of Computer Interest Register 488491 (4 August 2009) M. 39 Aotea MB 110 (13 May 1994) (Minute and Order) N. Statement of Ida Teiria Kaipara Hiri (11 September 2014) O. A Letter from Te Iria Ida Kaipara Hiri to Hori Rihia (16 February 1984) P. Affidavit of Frances Barbara Te Haa Ketu (21 August 2017 2018 Chief Judge’s MB 241 11. The Memorandum of Counsel (‘MoC’) states that as per the terms of the Maori Will the Mr Te Waa was to take sole and absolute ownership in the To...

3. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...The Standards Committee position is that it would abide the order of the Tribunal but pointed out that it was the practitioner’s onus to displace the presumption of openness of disciplinary proceedings. [22] The application is supported by affidavits from the practitioner, a partner in the firm, [redacted], and his general practitioner. The medical evidence confirms Mr H’s own evidence [redacted]. 11 [23] Section 240 provides that the identity of the practitioner or...

4. AI v Secretary for Justice 10 August 2012 NZRA 000012 [pdf, 83 KB]

   ...the applicant’s recent experience in each area of law or category of proceedings to which the application relates. Sub clause 5 states that work samples includes any – a. Correspondence to or on behalf of a client b. Research notes c. Affidavits d. Opening and closing addresses e. Examination notes. 61. Regulation 6(2)(a) specifies that the Secretary must apply the relevant experience and competence requirements set out in the Schedule. 62. The Act and Regulations do not...

5. Carey Clan Trust v Still [pdf, 100 KB]

   ...estimated costs of remedial work. A cursory evaluation of the assessor’s report indicates that less than 50% of the remedial expense might possibly be attributable to architectural negligence.” (Emphasis added). 52. Mr Buckley provided affidavit evidence in support. 53. The claimants rely on negligent misstatement. The basic rule is set out in Hedley Byrne v Heller [1964] AC 465, 483 and 534. A false statement made by A to B upon which B relies to his or her detriment...

6. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...once to her (by both the Tribunal directly and her former counsel) to respond to the complaint referred to the Tribunal. While I will consider her reply to the Authority, the weight to be given to it is undermined by the lack of any supporting affidavit from her and by her failure to provide any explanation or evidence to the Tribunal. [64] Through her then counsel, Ms Proudman told the Authority that she was not aware of the decline of the daughter’s visa on 19 July, until check...

7. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [pdf, 225 KB]

   ..."no documentation to authorise [payments totalling $331,986 (which includes the $200,000 advance for the TOWN A property)] has been sighted." 26 Ms SV attached this document to her complaint. 15 possession of relevant documents and affidavit evidence from Mr UOY, to substantiate his position that at all times he acted lawfully and with the appropriate authority.27 [91] I pointed out to Mr LX that the time for Mr UOY to have done this, was – at the very latest – upon...

8. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

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

9. LCRO 124/2016 LE v AP and MC (20 August 2018) [pdf, 191 KB]

   ...except for one remaining issue, that of costs”.1 His Honour timetabled the filing of submissions in September 2014. On Mr LE’s instructions, the lawyers filed submissions accordingly. WorkSafe filed submissions in reply with a supporting affidavit. Both sets of submissions included reference to the deadline for the filing the appeal. It seems the Court file was then misplaced and not all of the materials that had been filed reached their destination. The matter resurfaced in...

10. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

    ...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. In...