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...balance of probabilities that the respondent’s actions caused the collision and therefore the application must be dismissed. Referee: Hannan DTR Date: 24 April 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...
...a staff of 98, five of whom were members of the plaintiff union employed under a collective agreement which was about to expire. The plaintiff initiated bargaining for the renewal of the collective agreement and at one point it made a written request of the defendant, pursuant to s 34 of the Act, for disclosure of its most recent accounts and other financial information. The request was rejected by the defendant principally upon the grounds that, in terms of s 32(1)(e) of the Act,...
...which he advised that the finance was conditional on a WOF, the communications thereafter were between KC, the broker and the finance company. UD say that his text reply to KC on or about 9 July 2021 was on the basis that KC had supplied all of the information required by [the broker] and [the financier]. 13. I find that it is more likely than not that finance was not approved for the following reasons: (a) UD says it was not approved. (b) There is an email from UD to KC dated 25 Ju...
...APPLICANTS BM and FM RESPONDENT O Ltd The Tribunal orders: 1. The respondent is changed from O Ltd to W Ltd. 2. W Ltd is to pay $2,506.46 to BM and FM by 31 January 2024. 3. The evidence provided by W Ltd in the document ‘Information and Submissions’ received by the [City 1] District Court on 1 December 2023 and provided to the Tribunal in the hearing of 19 December 2023 is suppressed pursuant to s20A of the Disputes Tribunal Act 1988 and may not be published.
...in Mrs GV’s house sometime between 1994 and 1995. He remained in occupation after her death. 2 [6] Mr TI attempted to register a transmission of the title to the property to the executors, but was prevented from doing so by a Notice of Claim pursuant to section 42 of the Property (Relationships) Act 1976 which had been lodged by Mr GV on 25 June 2009. He claimed an interest in the property on the grounds of a de facto relationship with Mrs GV. [7] Other aspects of the a...
...IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 5 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [2] On 5 February 2015 Dr Bidwell, Paediatric Orthopaedic Surgeon at Starship Hospital, (employed by Auckland District Health Board (ADHB)) performed surgery to correct Michael’s flat feet. [3] Following the operation Michael experienced ongoing pain and discomfort and he was readmitted to Starship Hospital in April 2015 and attended an appointment in May 2015. Dr Bidwell was on...
...more likely than not). If a respondent raises a defence to a claim, that defence must also be proved to the same standard of proof. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and is also required to take into account the substantial merits and justice (s18(6) of the Disputes Tribunal Act 1988). 8. I would like to reassure the parties that all inf...
...Bill compels the provision of certain information. Employers must keep records for each employee of the qualifications the employee holds and the length of time they have been employed by the employer. The employer must provide these to a funder upon request, along with the employee’s wages and time records kept by the employer under the Employment Relations Act 2000. If an employer fails to comply with these requirements they are liable to a penalty imposed by the Employment Relations...
...on NJ’s vehicle, I find the claim has not been proven to the required standard. As the claim has not been proven, it must accordingly be dismissed. Referee: K. Edwards Date: 15 September 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...
...and the hire of a skip bin to remove the damaged property. 10. The total amount I find is reasonable is $2980.25 and this is the amount UI is liable for. Referee: C Murphy Date: 10 February 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...