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...than the average person would experience. 31. Accordingly, the Tribunal finds that the Applicants have not proven this part of their claim and it must be dismissed. Referee: L. Mueller Date: 2 September 2022 Information for Parties Rehearings Page 4 of 4 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....
...disagreements between Ms Ashley’s sister and the proprietor of VIP, Mr Daniel Caldwell. [23] At the beginning of February 2014, Mr Fredericks was certified as unfit for work as a result of post-traumatic stress. At this point Mr Fredericks made a request to VIP to attend mediation. VIP was reluctant to go to mediation unless a specific reason for the request was provided. It appears that the purpose for requesting mediation was that Ms Ashley wished to ensure that when Mr Fred...
...the owner of the property would ultimately be accruing significant income from the property. [79] It seems, however, that Mr and Mrs CN did not ask for advice relating to the overall project. In their complaint, Mr and Mrs CN say that “they requested a Trust ([Name] Trust) be set up”. This implies that they went to Mr LB with a specific request. [80] In his response to the letter from this Office following the hearing, Mr LB says he was not asked for advice about the developm...
...costs? [11] The law is that these amounts can be claimed only where they are allowed for in contract, as the Disputes Tribunal cannot award costs (s 43, Disputes Tribunals Act 1988). [12] BB (for BM) maintained YN had signed a job authorisation form on 20 April 2012 which stated she accepted BM’s terms of trade, which included a right to charge costs (Clause 5). However, BM’s claim this document had most probably been signed by YN was not made out (on the balance of probabilit...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1630 APPLICANT MX RESPONDENT BO SECOND RESPONDENT KO The Tribunal orders: 1. The claim by MX against BO and KO to have the trees on the O’s property removed is struck out. 2. The claim by MX against BO and KO for the costs of having roots removed and for clearing leaves and tree litter from the drain besid...
...Act and therefore is not inconsistent with section 16(1). Referee: S Simmonds Date: 25 July 2024 CI0301_CIV_DCDT_Order 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 rehe...
...accepted two settlement packages on clear terms of finality, this further claim is vexatious and an abuse of process. [12] For those reasons, EB’s claim is struck out. Referee: C Hawes Date: 21 May 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...
...for naturally occurring stresses are not really able to be compensated. 16. As a result of my findings both the claim and the counterclaim are dismissed. Referee: M Wilson Date: 4 December 2023 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 r...
...of the existing fence. MC and DC failed to object to his taking that action therefore they can be regarded as having given tacit approval to his proposed actions. 10. I find MC and DC’s failure to respond to that notice as not amounting to any form of approval or consent. They had issued a cross notice objecting to a new fence so that was their last word on the matter. They did not need to keep objecting no matter how many notices were served thereafter. 11. Adequacy of existing...
...6. A copy of all diagnostic or technical evidence you rely upon in your defence 7. A copy of the advertisement for the sale of the motor vehicle (if applicable) 8. A copy of all relevant correspondence with the applicant 9. Any other information requested by the MVDT. Collecting that information in advance will assist you in thoroughly preparing to respond to the claim. Providing that information to the MVDT in advance enables the Tribunal to have a clear understanding of your defe...