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...pay more than the sum claimed in order to have that work completed, ND’s claim cannot succeed. Referee: C Hawes Date: 22 October 2024 Page 4 of 4 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 re...
...Contract and Commercial Law Act 2017 – Frustrated Contracts a) Were there any clauses in the contract that were intended to have effect in the circumstances (worldwide Covid pandemic). b) What expenses were incurred by LUD for the purpose of performing the contract? Fair Trading Act 1986 c) Did LUD mislead or deceive RC? d) If so, what loss did this cause to RC? CI0301_CIV_DCDT_Order Page 2 of 5 Were there any clauses in the contract that were intended to have effect i...
...4 March 2005 A20040005105 Tatawai Claim No 3 - Confirm Final List of Beneficiaries and Summon Meeting of Owners 18(1 )(a)/93, 173/93 Robert Alexander Osborne RESERVED DECISION The present case arises under section 345 of The Ngai Tahu Claims Settlement Act 1998. Under that section, the Maori Land Court has jurisdiction for the purposes of attachment 14.2 of the deed of settlement to confirm the list of beneficiaries of ancillary claims, and hear and determine objections to the...
...priority over a security interest relating to same goods. 9. However, I am not persuaded that ED has a lien over the vehicle. There is no worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. 10. ED claimed that there was a contractual lien based on verbal agreement. However, the applicants’ representative UN denied any such agreement. ED produced an emai...
...wasn’t. Most consumers are lay people who would not be privy to chemical and physical elements of materials. 15. In any event even if it was covered with a tarpaulin the whole time, the wood could still be affected by moisture with condensation forming under a tarpaulin. Ideally the wood should be kept in a dry shed for example. Again, there is nothing in the instructions. CI0301_CIV_DCDT_Order Page 3 of 4 16. MN could not assemble the tub. That was not his fault. The instr...
...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 345 APPLICANT IN RESPONDENT BI The Tribunal orders: The claim is dismissed. Reasons 1. In October 2022 IN and BI decided to register and produce a dance performance for the [the festival], which was to take place in [redacted]. No formal agreement was made, rather they started the process together as co-choreographers, (developing the piece under IN’s trading name ‘[G Ltd]’) and obtained a gr...
...refunding the $500.00 bond? b) If so, what are LH and TH entitled to be paid? 5. Have D Inc breached their contract with LH and TH by: a. Not turning off the sprinklers? b. Not refunding the $500.00 bond? 6. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. Did D Inc have a responsibility to turn off the sprinklers, or make arrangements for t...
...Ltd is dismissed. The claim by SN against T Ltd is dismissed. The claim by SN against IT is struck out because IT was not served with the claim. Reasons: 1. In or about August 2022, J Ltd listed its [vehicle] for sale on [the online platform]. On or about 29 August 2022, SN confirmed the purchase of [vehicle] for $37,000.00, by using [the online platform]. 2. Between 29 August 2022 and 5 September 2022 there were some brief messages between SN and IT on behalf of J Ltd. T...
...the importance of the various taōnga being found within the rohe claimed by that tribe. Further reference was made to historical associations and connections with the area following the migration of the 1820s. Te Atiawa representatives also requested further hui to be held at local marae to consider the application. Submissions for Muaūpoko [14] All Muaūpoko claimants underscored the longevity of the tribe’s association with the Horowhenua and lower North Island region. Mr...
...the written record of those terms upon which each plaintiff relies. [7] The grounds of the application are first, that the plaintiffs have failed to respond to a notice requiring further and better particulars and secondly, the particulars requested are required in order to fully and fairly inform the defendant in relation to the nature and basis of the plaintiffs’ claims. The defendant claims that it needs to know how the plaintiffs plan to establish the elements of an employm...