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1. [2011] NZEmpC 35 Yang v LE Builders Ltd [pdf, 51 KB]

   ...a memorandum addressing these deficiencies which counsel did promptly. [6] Although I have some residual doubts about the efficacy of the plaintiff’s proposed orders, ultimately that is a matter for him and I make the following orders: By affidavit to be filed and served no later than 20 April 2011, Lawrence Leong Eng Loo is to identify by name the person present with him at the time the original of the tax code declaration, a copy of which is attached to the memorandum filed b...

2. [2021] NZEmpC 15 Alkazaz v Enterprise IT Ltd [pdf, 152 KB]

   ...preparation that had gone into preparing for the hearing could no doubt be put to good use when the application came back before the Court. [6] The application for an adjournment was accordingly granted. The defendant is to file and serve an affidavit in relation to the Court of Appeal documentation within five working days of today’s date. Mr AlKazaz is to file and serve any affidavit in response within a further 10 working days. The parties will have an opportunity to...

3. Auckland Standards Committee v Martin [2010] NZLCDT 17 [pdf, 44 KB]

   ...disciplinary process. He has failed on most occasions to respond to complaints forwarded to him by the Law Society. He has failed to file anything but the barest response to the charges. Despite being directed over three months ago to file an affidavit and a declaration as to his financial means he has not done so and thus we are left without details of his position in order to make our determinations and have had to do so in the absence of that. [5] In failing to appear he has tre...

4. [2021] NZEmpC 5 FVB v XEY [pdf, 175 KB]

   ...first directions conference 0.4 28 Filing interlocutory application (application for urgency and stay of ERA orders pending court determination) 0.6 13 Appearance at first directions conference 0.2 36 Plaintiff’s preparation of briefs/affidavits 2 37 Other steps in proceeding: preparation of plaintiff’s bundle of evidence 0.5 39 Preparation for hearing 2 40 Appearance at hearing for sole or principal representative (8 quarter days) 2 Total 9.7 [3] Ap...

5. 2021-01-26 Minute - PC8 - Willowridge-Development Ltd Party Notice.pdf [pdf, 122 KB]

   ...[7] Any party opposing the s 281 application or opposing Willowridge’s standing to join the proceeding under s 247(1)(d) will be directed to file a memorandum with the court. [8] Directions will also be made providing an opportunity to file affidavit evidence in support (or opposition). Counsel to assist the court [9] It is likely that the court will appoint a Barrister as Special Advisor to the court. If it does, directions will be made that he/she files submissions in adva...

6. [2020] NZEnvC 128 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters [pdf, 336 KB]

   ...application for waiver [5] On 14 August 2020 the Minister for the Environment filed: (a) s 274 notice: (b) an application for a waiver of time to join the proceedings; (c) a memorandum in support of the application for waiver; and (d) an affidavit of Shaun Gregory Lewis affirmed 14 August 2020. [6] The Ministry for the Environment is party to the existing contractual arrangements for funding the removal of the aluminium dross by-product from sites in

7. [2021] NZEmpC 10 Anderson v Righteous Law Ltd [pdf, 182 KB]

   ...Conduct and Client Care) Rules 2008 defines “good cause” as including the inability or failure of the client to pay a fee on the agreed basis, or in the absence of an agreed basis, a reasonable fee at the appropriate time. Mr Snedden, in his affidavit, deposed that counsel’s fees can no longer be met. It appears that Ms Anderson, having had legal aid withdrawn, unsuccessfully reviewed the decision and may now be intending to file an appeal (the timeframe for doing so has no...

8. Form 32-33 Judgment by Default [docx, 35 KB]

   ...one copy for every other person who is a party to the proceedings. When requesting for a judgment by default (on a liquidated demand), the draft judgment must be accompanied by: · an informal request to the Registrar for judgment by default · an affidavit of service (Form 16) · an affidavit verifying the statement of claim (if the defendant (or their solicitor) was not personally served) · a memorandum detailing the costs and disbursments sought. How to use the template All the required...

9. [2011] NZEmpC 105 Mason Engineers (NZ) Ltd v Hodgson [pdf, 49 KB]

   ...its losses as it must if it is to seek judgment. (b) I require a without notice application for directions as to service to accompany the amended statement of claim when it is filed. If the plaintiff considers it appropriate, that may include affidavit evidence but it must, in any event, include a memorandum from counsel addressing the defendant’s current legal status (as referred to earlier) and what directions should be given for service of the amended statement of claim on t...

10. [2018] NZEnvC 224 van der Wilt v Selwyn District Council [pdf, 721 KB]

    ...well as relocating a designated building area, at Bangor Farm, Darfield. [2] The applicants have applied for early commencement of the resource consent under s 116 of the Resource Management Act 1991 ("the Act"), accompanied by the affidavit of India Jane van der Wilt. Section 116 application [3] The s 116 application is made on the following grounds:' (a) the appeal is in relation to three conditions: 2(ii) , 2(iv) and 4(b); (b) no other appeals have been filed i...