Search Results

1. [2013] NZEmpC 160 Dr X v a District Health Board [pdf, 74 KB]

   ...in the public domain by commencing litigation. [6] The applicant contends that exceptional circumstances exist justifying permanent non-publication, including having regard to the alleged basis on which settlement was reached. A supplementary affidavit, which included reference to the terms of settlement, was objected to on behalf of the respondent. Mr McBride mounted a three-pronged objection to the admissibility of the affidavit, on the basis that it had not been contemplated...

2. [2022] NZEnvC 020 ERP Group Limited v Canterbury Regional Council [pdf, 200 KB]

   ...to the court. [2] On 27 January 2022, ERP lodged a notice of appeal against each abatement notice. Alongside their notices of appeal, they also filed applications to stay the abatement notices. The applications for stay are supported by the affidavits of Michael Corcoran and Andrew Tisch. Affidavits Affidavit of Andrew James Tisch1 [3] In response, Mr Tisch, engineer, was asked by ERP to provide stormwater solutions for Abatement Notice One (PE223650), including a realistic...

3. [2019] NZEmpC 16 Moody v Chamberlain [pdf, 256 KB]

   ...the Court taking a relaxed approach to the threshold requirements for incapacity.11 I agree that caution is required, so as not to unwittingly trample on individual rights and interests which the Courts have a key role in protecting. [10] Affidavit evidence annexing, by way of exhibit, an assessment report has been described as “best practice” in supporting a claim of incapacity for the purposes of r 4.29.12 No such assessment is before the Court. That is not, of itself, f...

4. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

   ...application for leave to defend as required by reg 19(4). That application is opposed by the Company. Through counsel, the parties agreed that the application should be decided on the papers. In support of the application, Ms Little swore an affidavit and Mr Beck filed a draft statement of defence. For the Company, Mr Te Amo swore an affidavit in opposition. I received written submissions from counsel for both parties. Principles [6] The Court’s discretion to grant leave to...

5. [2020] NZEnvC 152 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 680 KB]

   ...collectively as Brennan Wines. Minute dated 24 July 2020. Notice of opposition for GVL dated 6 August 2020. 3 The application [6] Brennan Wines' application seeks leave to adduce further evidence as follows: 8 (a) redacted versions of affidavit evidence of Mr JR Styles (a noise expert), Mr B Farrell (a planning expert) and Mr C S Brennan produced for a different proceeding, namely Otago Viticulture and Oenology Limited v Queenstown Lakes District Council CIV-2020-425-0000...

6. [2008] NZEmpC AC 20/09 Roebeck & Anor v Bradford Trust Ltd [pdf, 30 KB]

   ...dispositions of property made with intent to defeat the plaintiffs’ creditors. [5] The plaintiff’s application for stay of execution of the Authority’s remedies is very weakly supported. Only on the last working day before the hearing was any affidavit evidence at all filed in support of the application. This was a brief affidavit sworn by Mr Pakieto. Although it states Mr Pakieto’s authorisation to make the affidavit also on Mr Roebeck’s behalf, the affid...

7. JT & JB Ltd v SN [2021] NZDT 1582 (16 July 2021) [pdf, 197 KB]

   ...would expect to travel in the right lane. 2. SN had been parked in the car parks on the left side of Ghuznee Street. He was driving BI’s Subaru. He was about to leave the park. He said he thoroughly checked before leaving the park. His affidavit states that prior to moving from the park he saw a taxi approaching in the right lane with its right turn indicator on. SN was heading to Oriental Bay. Vehicles heading from Ghuznee to Oriental Bay would normally use the left lan...

8. [2012] NZEmpC 43 CentrePort Wellington Limited v Maritime Union of NZ & Anor [pdf, 75 KB]

   ...of Sunday, 4 March 2012, the plaintiff filed an application for an interim injunction along with an application for urgency. I issued a minute on the same day directing a hearing for this morning and fixed a timetable for the filing of further affidavits. A directions conference was convened yesterday in which further issues were raised and dealt with. The stated grounds upon which urgency was sought were: 2.1 The members of the first and second respondents (defendants) comm...

9. LCRO 137-2016 HA v TY Decision [pdf, 100 KB]

   ...Committee determination. [10] Counsel for each party provided extensive submissions. Having considered these the Committee reached the view that Ms TY had fulfilled her obligations. [11] The Committee said:5 The Committee noted that Ms TY’s affidavit confirmed that she advised [ABCD] of its discovery obligations and the steps taken by [ABCD] to comply with those obligations. While legal professional privilege precluded Ms TY from specifically detailing to the Committee the advi...

10. National Standards Committee 1 v Deliu [2016] NZLCDT 27 [pdf, 480 KB]

    ...NZCA 399, para [34]. 8 Orlov v NZ Lawyers and Conveyancers Disciplinary Tribunal [2015] 2 NZLR 606 (FC,HC) para [80]. 8 regulated services – s 12(a)). It may also be relevant for particular 2.04(c) given the timing of the making of the affidavit referred to was after 1 August 2008. [22] The practitioner submits that for particular 2.04(c), at least, he was acting for himself, and thus not providing “regulated services” as defined. In that instance he made an affidavi...