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1. Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63) [pdf, 260 KB]

   ...101). 116 Waiariki MB 66 (d) Approval is appropriate in terms of s 72 of the Trustee Act 1956; and (e) The terms of trust allow trustee remuneration where approved by the Court. [10] Evidence for the trustees was provided by Mr Olsen. An affidavit dated 10 March 2015 was filed with the Court and Mr Olsen presented his evidence at the hearing on the same date. [11] Mr Olsen provided the Court with background in terms of the lease and how the WDC payment eventuated. A sum...

2. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...Corporation’s letter of 22 July 2015 which says: The medical evidence from Dr Lynch states that there’s no evidence of a concussion injury … [109] She submits that the appellant wants to return to work and this is evident from his affidavit. [110] She says there is a strong suggestion that rehabilitation is not complete in this case and that there is a plethora of evidence that supports incapacity. [111] She says that if Dr Anderson is to be criticised for passing a...

3. [2020] NZEmpC 141 H and C v RPW [pdf, 269 KB]

   ...oppose those applications, and H did not attend at the first Court hearing on 6 September 2018. H attended Court on the two subsequent occasions when those applications were dealt with. He would have read the substantial evidence contained in the affidavits of the Chairman of RPW who gave evidence at the hearing on 24 September 2018 and who also gave similar evidence at the hearing in November 2019. H also attended court on 6 November 2018 when fines were imposed. When the appli...

4. [2007] NZEmpC AC 46/07 Eurera-Morrison v New Zealand Post Ltd [pdf, 94 KB]

   ...the dismissal. [62] The plaintiff led no evidence whatsoever as to her losses or in support of her claim for reinstatement. When this situation was pointed out to Mr Blair, he sought leave to address it by way of an application supported by affidavit evidence. In view of my finding on contributory conduct there is no basis now for the plaintiff to seek leave to admit further evidence on remedies. Conclusion [63] The plaintiff’s challenge succeeds because the defendant has b...

5. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 KB]

   ...When the Commissioner of Inland Revenue sought a change of venue to Wellington Mr Rafiq replied on 14 November 2011 that he wanted the hearing to be in Auckland and added, inter alia, that: (iii) There shall be no evidence provided by the way of affidavit; ... (vi) There shall be no paper submissions of any nature in respect to the dealing of this case; (vii) The Plaintiff does not have to provide any evidence as the onus is on the Defendant to provide evidence to support its gro...

6. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...personal funds to ensure that the matter resolved rather than proceeding to a hearing. [29] This mediation occurred and Mr Radich records that a reasonably satisfactory settlement was entered into. It should be noted however that in a later affidavit from Mr Radich, filed in reply to that of Mr Sawyer, he deposed that the fact that Mr Sawyer had made an admission back in 2011, as to his dishonest behaviour, had never previously been notified to him or his client. [30] Mr Sawyer...

7. EA v ZZ LCRO 138/2011 and 124/2012 (24 January 2014) [pdf, 150 KB]

   ...Issues arising from her letter of complaint were: (a) Mrs EB died on 15 June 2010. Mr ZZ was advised of this by Mrs EC the following day. Mr ZZ’s first communication with Mrs EA was by way of letter dated 29 July 2010 when he sent to her the Affidavit to Lead Grant of Probate and other documentation. 2 (b) Accompanying the letter of 29 July 2010, Mr ZZ sent to Mrs EA a copy of Mrs EB’s original will and a codicil to that will. He also provided copies of a handwritt...

8. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...before the appeal [56] Mrs AQ contends that Mr UD failed to adequately prepare her and her husband for the hearing. Mr UD rejects allegation that no efforts were made to prepare his clients. He says he provided his clients with copies of their affidavits and asked them to carefully re-read them before giving evidence. He says that he gave advice to Mr and Mrs AQ about the need to ensure that they understood any questions that were put to them and the importance if necessary, of...

9. Otago Standards Committee v Stewart [2016] NZLCDT 28 [pdf, 77 KB]

   ...completion of the legal/regulated work that the lawyer is undertaking. In short a lawyer may not run a side business through his or her law firm offering services other than legal services.” 4 Paragraph [7], affidavit of D A Webb dated 12 May 2016. 8 [27] We consider that the seriousness of this misconduct is aggravated by the nature of the services provided, that is banking services. That is because of the privileged nature of...

10. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 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...