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1. General and Waikato Bay of Plenty Standards Committees v McGuire [2023] NZLCDT 16 (4 May 2023) [pdf, 161 KB]

   ...review application, the practitioner refuses to pay”. [40] We agree with Mr Collins’ submissions. Indeed, we find that Mr McGuire’s mistreatment of his former clients goes beyond putting them to extraordinary trouble and expense.14 In his affidavit evidence and in his submissions, Mr McGuire directly attacked the integrity and credibility of both complainants. [41] Furthermore, he required both complainants to appear for cross-examination in a further attempt to impugn t...

2. [2018] NZLCDT 22 Auckland Standards Committee 2 v Horsley [pdf, 194 KB]

   ...that agreement so that the work is “merely transactional” and the matter is “non-contentious” and a conflict less likely to exist. [34] We also, with respect, reject the evidence provided by Mr Haynes who was called as an expert but whose affidavit was simply read without cross-examination that a competent lawyer could have concluded there was no conflict of interest and therefore it was unnecessary to advise to seek independent legal advice. [35] The Rules do permit the pra...

3. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

   ...is and has been Ms Lee’s stance from the outset that her house leaks because the aluminium panels installed by CCS were installed negligently, and in breach of relevant building requirements. [20] His Honour declined to allow three new affidavits to be introduced at the appeal. In disallowing two of these, which were designed to provide evidence of the likely cost of repairing the defective horizontal timber battens, His Honour stated:13 Again, there is a problem for Ms...

4. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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 determination...

5. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside of 28 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, and 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 determination...

6. [2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [pdf, 125 KB]

   ...raised as to the propriety of aspects of the employer’s process, some of which found favour with the Authority and which are said to support an argument as to the strength of the defendant’s case. It is of course difficult, based on untested affidavit evidence, to assess the relative strengths of each party’s case, particularly where (for example) allegations of bias are raised. [25] Much was made of Mr Gibson’s intention to carry out additional inquiries, which the d...

7. BQ OQ v ET [2023] NZDT 242 (13 April 2023) [pdf, 241 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...

8. [2021] NZEnvC 116 Te Runanga O Ngati Awa v Whakatane District Council [pdf, 952 KB]

   ...of the High Court Rules 2016. The application for costs [16] Creswell seeks costs against Sustainable Otakiri and costs jointly and severally against TRONA, Ngai Te Rangi and Ngati Pikiao. [17] The application for costs was accompanied by an affidavit of Mr MHJ Gleissner, sworn 3 February 2021. Costs against Sustainable Otakiri [18] Creswell has submitted that the costs it incurred defending Sustainable Otakiri's appeal and application were $488,934. Creswell seeks an awa...

9. 2020 NZPSPLA 008 [pdf, 152 KB]

   ...about the text and passed on other information provided by Ms F. [48] Mr Buckland accepts he contacted Mr F by Skype after receiving Ms F’s text and subsequently send a copy of the text to Mr F’s lawyer. This was later used by Mr F in an affidavit for family court proceedings. In addition, it prompted Mr F to fly down to Christchurch and arrange for the container load of goods he had removed to be dumped outside home where Ms F and the children were living. [49] Mr Buckl...

10. Zhang & Cao v Chen [2018] NZIACDT 11 (5 April 2018) [pdf, 202 KB]

    ...agreement in place for a visitor visa application and s 61 request, and saw that work as an extension of her original instructions. [14.5] She failed to inform the complainant of the s 61 request. [15] The adviser supported that position with an affidavit. [16] Counsel for both the adviser and the complainant filed a joint memorandum with a proposal for determining the complaint. They agreed to advance the process with an agreed statement of facts, but only for the purpose of a...