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...repaired. It is therefore artificial to award IX compensation for repairs which will never be done. 10. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 November 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...
...mentions the quite severe pain 5 years ago when he was a courier driver and lifted an heavy box. NB says the surgeon’s comments was taken out of context and exaggerated. IFSO refers to the application and the requirement for disclosure. IFSO said the information was material taking into account the musculoskeletal questionnaire and the spine surgeons April 2023 letter. I note his later consultation with his spine surgeon was after he was having problems with B Ltd in relation to his insu...
...that VB Inc breached a term of the contract, she is not entitled to the compensation she claimed, and her claim is dismissed. Referee: Ms Cowie DTR Date: 15 February 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 rehe...
...depending on the numbers of appearances. A 'whole day' in AODT Court is calculated on attendance at the Court for at least 8.5 hours. If the Court day is actually shorter than 8.5 hours, that should be reflected in a lesser time recorded and claimed on the 'Record of attendance/ invoice' form. • attendance at any whānau hui, which are required on occasion at the direction of the presiding judge • other attendances or preparation if required between court sit...
...that whenever possible words are to be given their natural meanings. However, the setting in which the agreement was reached, provides context which allows a better understanding of the parties’ intentions. 9. In this case the context which informs the interpretation of the special condition is: a. a commercial lease which was already in place when the special condition was inserted; b. the condition was inserted due to previous leaks; and c. the condition was inserted contemp...
...like” in responding to Mr N’s original insurance claim. What sum, if any, must BN pay to Mr N? 11. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed. However, the innocent party cannot recover loss that could have been avoided by taking reasonable steps to mitigate the loss, such as accepting a lower comparable quotation. 12. Mr N is entitled to a vanity of comparable quality and fi...
...Ltd, DD’s travel agent. Due to Covid the conference and flights were cancelled. HF asked IU Ltd to hold his airfares as a credit. However, [Airline] then issued refunds for the airfares, which IU Ltd credited back to DD’s travelcard. HF was not informed of this, and discovered the refund significantly later, when he was no longer able to use the money for his [continuing education]. 2. HF claims the sum of $6,425.00 for the cost of the tickets. 3. The issues to be determined are...
...water should enter the air filter at all and that the air filter should be regularly checked but at most no later than every 12,000km. Mr Q found that the flange was loose and that there were corrosive holes around the flange. He found there to be deformation to the air filter element to approximately 40-50%. He advised that in his opinion this deformation occurred over time and was not the result of one event. 8. I agree and accept Mr Q’s evidence that this was gradual deformation...
...advertisement that the car was “in reasonable condition”, and that this was a “genuine sale”. I do not however accept that either of those statements are misrepresentations on these facts. I say that because neither is of a kind that provides information about the mechanical integrity of the vehicle. This is the basis on which BW says the car has been misrepresented to her, so the Tribunal would need to be satisfied a false statement was made specifically about mechanical integrity...
...a total of $86.00. This sum is also allowed. 11) The applicant is awarded the total of the sums referred to in paragraphs 8-10 above. This is $1,476.00. Referee: GP Rossiter Date: 1 March 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 reh...