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...of any duty owed to KK. 13. This means that KK is liable to pay the loss suffered by SM as a result of the incident and KK’s counterclaim is dismissed. Referee: R Merrett Date: 17 May 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...
...police traffic crash report produced at the time of the collision shows the truck on the same side of the road as FF, FF said she did not give a description to the police at the time as she had been injured in the collision and was not sure where that information had come from. 8. As discussed in the hearing, even if FF’s car was travelling close behind the truck, LH must have started his right hand turn before the truck had completely passed him in order to collide with FF. That...
...of the house section. [29] On 19 January 2001 the Incorporation met and granted the “residential section applications” of Awhina Adamson, Ronda Le Lievre and several others, and noted that the “applicants be advised to survey the area requested” (emphasis added). The minute also records in relation to Ronda’s application for a commercial area that, “Secretary to reply informing Rhonda that the Incorporation will be looking at an area specifically for the purpose of...
...RECONSIDERATION [8] Mr and Mrs Falloon have sought reconsideration of the eligibility decision by the chair of this Tribunal. [9] I have: (a) the application by Mr and Mrs Falloon, including their submissions set out on the application form. (b) the assessor’s report of 19 February 2016. (c) the chief executive’s decision of 6 May 2016. 3 [10] On 7 June 2016, at the request of the Tribunal, the assessor clarified that the deficient work allowing water penetratio...
...on, UT was entitled to treat JB (of which [insurance company] is a division) as representing MG. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Clayton Luke Date: 16 March 2021 CI0301_CIV_DCDT_Order 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 re...
...from either MT or the Official Assignee. 8. For the above reasons this application is now outside the jurisdiction of the Disputes Tribunal and is struck out. Referee: L Thompson Date: 29 June 2021 Page 2 of 2 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 r...
...9. LB and the Tribunal are persuaded that CX was not the seller and the claim must be dismissed. Referee: L. Mueller Date: 18 December 2023 Page 2 of 2 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
...exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. 4. The claim must therefore be dismissed. Referee: E Paton-Simpson Date: 24 May 2024 Page 2 of 2 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...
...the dwelling was built. [2] Mr Luan applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act) within the time period provided in the Act. However he requested that his application be put on hold until the Court of Appeal released its decision in the Sharko and Osborne1 cases. Those decisions were released on 20 December 2012. The Tribunal sent a copy of the decisions to Mr Feng and pro...
...breach of vendor warranty under the sale and purchase agreement? 9. The sale and purchase agreement was not before the tribunal, but the standard ADLS agreement was used for the sale. Accordingly, the law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 10. The standard...