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...Energy was Mr Singh’s employer. [4] The Authority’s investigation went into abeyance when Corporate Energy filed a challenge to the determination by filing a statement of claim with the Employment Court on 24 June 2015. Mr Singh filed a defence to the challenge and following directions conferences the challenge was set down for hearing. That hearing was due to commence on 7 December 2015. Corporate Energy did not 1 Singh...
...waterfront and other design experience, I believe the proposed Wynyard Hobson scheme creates a successful operational Village for an efficient competitive yachting event and one which public can be involved in and enjoy. I prepared a Design Statement which was lodged with the application (CBD Vol A, CB11) as well as a series of drawings with designs for each of the bases, including the alterations required to the Viaduct Events Centre (CBD Vol A, CB44). My evidence will cover th...
...by teleconference and the second face to face. Pursuant to section 42 of the Disputes Tribunal Act 1988 the Tribunal is entitled to rely on the available evidence. RA the Director of ZB Ltd and ZJ Ltd attended the first hearing and also provided a statement of defence, which I have considered, but otherwise none of the other parties were present. Did OZ in trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and decept...
...important question of law arises in this matter other than incidentally and that it is appropriate to grant special leave to remove the two proceedings currently in the Authority to the Court. Orders are made accordingly. [22] The applicants must file statements of claim in the Court within 28 days of the date of this judgment; the respondent will have the usual time to file any statement of defence. Once these pleadings have been filed and served a case management conference is t...
...wanted, except for that size confirmation and the details to be added to the plaque and online memorial. 9. In terms of any other relevant terms and conditions, I note: a. some payment obligations are recorded at the foot of the invoice; and b. a statement is also provided which reads, “For any cancellations, M Ltd reserves the right to deduct any costs incurred before any remaining monies is returned, which includes a $300 design fee for any design work carried out.”...
...the verbally agreed terms, he has received accord and satisfaction.” [2] The plaintiff, if he is successful in this challenge, seeks to have his claims that he was unjustifiable disadvantaged and dismissed and his application for interim reinstatement heard by the Court rather than by the Authority. Because of the urgency attaching to the application for interim reinstatement Chief Judge Colgan set a timetable for a full Court to determine the question of what was before the Court...
...public statements regarding any groups of persons in New Zealand or intending to enter the country and who might be subject to hostility or contempt by reason of their race, colour or ethnic or national origins. 13. Section 61.2 of the Act provided a defence for a publisher or broadcaster if the report of the matter or words accurately conveyed the intention of the person who published or distributed the matter or broadcast or used the words. The intention of the publisher or broadcaster did n...
...this issue was not considered by the Committee and puts it that it will be a matter for us to deal with; but submits that there is no evidence that anything was withheld from prospective purchasers. We agree 8 and regard the alleged above statement of Ms Beaton as needing to be analysed in its context. [34] Counsel observes that, depending on what is said to an agent, the agent may in fact have a disclosure obligation with prospective purchasers since it is only common sens...
...performance, the rules of natural justice must be observed, the appropriate legal thresholds as provided for in the Act, the Trustee Act 1956 and the Reservation Regulations have to be reached and the Court must consider whether there is any positive defence or reasonable excuse for unsatisfactory performance. [19] In Rameka v Hall the Court of Appeal held:4 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the follow...
...employment agreement, except for the incorporating of a company. This breach was not so serious as to justify the imposition of a penalty. No injunction was ordered. Caffe Coffee has challenged the Authority’s determination. [4] By an amended statement of claim dated 6 November 2015, Caffe Coffee now asserts that breaches occurred both before and after Mr Farrimond resigned from the company; and that Mr Farrimond’s employment obligations have accordingly been breached....