Search Results

1. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...No inference could be drawn from the brief unsubstantiated owner statements filed due to the large inconsistencies between them. [66] The claimants were given until 31 May 2010 to rectify this lack of evidence but have failed to do so. No affidavits were filed. No expert evidence was adduced to say whether any drop in rentals was due to actual leaks market forces or both. Further there was no consistent evidence as to the time period when leaks allegedly affected rental i...

2. [2021] NZACC 150 – Turnbull v ACC (30 September 2021) [pdf, 332 KB]

   ...was not covered by ACC at that time as no external force was involved. This was upheld at review on 4/8/99. This I believe the additional information proved is consistent with the conclusions given in the MCR report. [21] Mr Turnbull’s affidavit evidence is that: 11. I squatted down to get access to the wall plug. As I got to the limit of the squat position, I felt my right knee pop. I managed to stand up using my left leg but my right leg was locked in a 90° angle consi...

3. B Ltd v C Ltd & others [2024] NZDT 99 (21 February 2024) [pdf, 213 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 determina...

4. Eichelbaum v CAC 303 & White [2016] NZREADT 56 [pdf, 268 KB]

   ...house who did not notice any structural defects. She also said that no one had complained of unevenness. [73] The evidence for Ms White included that of Mr Baxter, a solicitor, who is a trustee of Ms White’s family trust. He said in an affidavit, sworn on 10 June 2016 and filed for the proceeding before the Tribunal that: 22. As trustee, … I was unaware that there was any issue about the house sinking in the North side, such that remedial work or foundation work was nece...

5. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...Tawa Kaiti witnesses on this point were Messrs Peterson and McGarvey. Their evidence was that on one occasion, 12 February 2008, they saw Tuhoe Putaiao workers extracting metal. Notwithstanding the fact that they attached photographs to their affidavits, they were not useful given they do not specify where the extraction was taking place from. Other than that one occasion, they gave no additional evidence about seeing gravel being extracted. [69] Mr Williamson gave evidence that...

6. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

   ...2019. [9] Added to this, SQL requested the court consider also: 11 (i) Minute dated 20 February 2018; (ii) memorandum of counsel for the appellant dated 14 August 2018; (iii) memorandum of counsel for the appellant dated 20 August 2018; (iv) affidavit of Tyler Sharratt in support of application for costs dated 17 May 2019. [1 0] We have read all of the documentation filed , although we found that its relevance, in terms of the orders sought, was not always clear. [11] That sai...

7. CAC 10064 v Jin [2013] NZREADT 57 [pdf, 80 KB]

   ...not promise to get her the money. When I made this promise, I meant that I can be the ‘middle person’ between them as their mutual friend. I did not guarantee that Mr Choi would pay the money. I had no power to do that. 19. As I say in my affidavit, I did not know how much Ms Kim wanted for settlement and so I had expected her to tell me, so that I can tell Mr Choi. She never did this, and never contacted me within one month. Because she did not contact me, I though that Mr Ch...

8. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...made in this case, if they are without reliable corroboration, are notoriously easy to make and difficult to refute. [55] I also comment on one aspect of the defendant’s intended procedure that it may have to review. At paragraph 26 of her affidavit, Mrs Field, the Acting Regional Manager for the Wellington Region of the Public Prisons Service, whose role it was to determine whether Mr Tawhiwhirangi misconducted or seriously misconducted himself, has said of the role of an inves...

9. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

   ...difficulty. (d) That his advance to the Ks was on the basis that: (i) they would reimburse him the interest that he would have been earning on his funds on term deposit; 1 Paragraph [50] of affidavit of B Hong sworn 1 October 2019. 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 6 (ii) that he would take an assignment of the Z property until repayment of the advance; (iii) that the...

10. T v Mudaliar [2015] NZIACDT 79 (06 August 2015) [pdf, 241 KB]

    ...offending. The directions noted the Tribunal could conduct an oral hearing where witnesses would be cross-examined, if a party applied for it, and there was justification for that step here. [13] The Tribunal set a timetable for Mr Mudaliar to file affidavits and submissions, and to deal with any application for an oral hearing. MR MUDALIAR’S RESPONSE TO THE TRIBUNAL’S DIRECTIONS [14] Mr Mudaliar instructed Mr King as counsel to represent him. He filed: [14.1] Submissions....