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...successful. CI0301_CIV_DCDT_Order Page 2 of 3 13. For these reasons the claim is dismissed and no order for enforcement is made. Referee: K Johnson Date: 02 November 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...
...whether Mr Clarke was a co-developer of the apartment complex and liable to the claimants for breaches of duties of care to ensure the construction of a weathertight building. The answer to this issue depends on identifying the actual role performed by Mr Clarke in the development and interpreting and assessing the relevance of the documentation referring to different entities associated with him. THE CLAIM AGAINST MR CLARKE [10] The claim against Mr Clarke is set out i...
...hearing by telephone conference but when CH was phoned he did not respond. 2. The absence of a respondent does not prevent the hearing from proceeding. 3. On 27 June 2024, TU purchased a second hand fridge from CH through [an online selling platform]. 4. TU paid $350.00 for the fridge. 5. The fridge frosted over repeatedly and destroyed a large amount of food. 6. TU rang CH with requested to have the fridge fixed, however, CH offered a replacement. 7. TU took the fault...
...reimbursement from the plaintiff of a share of the legal costs incurred in dealing with allegedly unlawful exports in an affair which became known as “powdergate” and which is said to have cost Fonterra almost $1.5 million. [4] The plaintiff claims to have been employed by Kiwi Co-operative Dairies Ltd (Kiwi), a company which was one of those amalgamated to form Fonterra so as to effectively make the plaintiff an employee of Fonterra. In response, Fonterra alleges that the p...
...Coomer returning to work as a driver was discussed at this meeting as it had been at the meeting on 16 February. The agreed statement of facts does not describe in any detail what occurred at this meeting but it was sufficient for Mr Coomer to request that Mr Proffit not supervise him. Mr McCallum declined that request. [8] On 15 April 2016, Mr McCallum wrote to Mr Coomer offering him a position working in the factory. The proposed hours of work were to be between 6.00 am and 9.0...
...Mediation was subsequently arranged for 25 November 2014. [5] Before mediation took place an incident occurred involving a confrontation between Mr Lumsden and a customer. The customer lodged a complaint with Skycity. Mr Lumsden also raised a formal complaint. He believed that another employee had deliberately prompted the customer to provoke an attack on him, and that an emergency button appeared to have been deactivated immediately prior to the incident. By this stage Mr Lum...
...ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] Mr ER paid $6737.00 in fees to study a course in web development at UI Ltd. He signed an ‘application/enrolment’ form on 17 April 2015 and the course commenced on 11 May 2015. [2] Mr ER asked to withdraw from the course on 22 May 2015, 11 days after the course started. The enrolment form includes a ‘withdrawal and refund policy; as per the Education Ac...
...While I have dismissed the claim, I do record that the representative from N Ltd offered to assist the Applicant by facilitating communication with N Ltd China. Referee: G.M. Taylor Date: 3 August 2021 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...
...requires all drivers to take all reasonable care to ensure that their actions or omissions do not cause harm to those persons they can reasonably foresee could be harmed by their actions or omissions. 5. The standard of care that drivers must conform to is that of the reasonable and prudent driver. This is an objective standard that does not take into account the weaknesses or idiosyncrasies of the person whose conduct is in question. 6. It is clear that HL did not meet this obj...
...dismissed. Referee: N Gold Date: 13 August 2021 1 Bolton and Others v Stone [1951] 1 All ER 1078 [1951] 1 All ER 1078 at 1080. 2 Spittal v Wellington City Corporation [1959] NZLR 1095 at 1107. 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 fo...