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...any contributory negligence by DF, FX is solely liable for the damage caused to DF’ vehicle and is liable to J Ltd for the repair costs. Referee: L. Mueller Date: 31 October 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 rehe...
...has not been met and therefore the claim is dismissed. Referee: Nigel Wolland Date: 22 March 2024 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 reh...
...the exclusive jurisdiction of the Tenancy Tribunal and there is no ability under the Disputes Tribunal Act 1988 to transfer the claim, it is struck out. Referee: GM Taylor Date: 14 September 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 rehe...
...matter of this claim now before the Tribunal are the same as for the matter previously heard. 8. For these reasons, this claim is struck out. Referee: K. Armstrong Date: 16 May 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...
...$1,484.75 in compensation for the damage caused by the collision. Referee: E Paton-Simpson Date: 19 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...
...consisted of the original plans with the notation, “wall cladding changed to Insulclad”. This was incorrect as the cladding being used was not Insulclad but another EIFS product, Styroplast. [10] On 31 October 2002 a cladding inspection was requested. The inspection was not carried out and there is some uncertainty as to what occurred that day. [11] On 18 November 2002 the Council carried out a pre-line plumbing and drainage recheck and a post-line inspection of the firs...
...[70] The Buy Smart Report – the relevant factors………………………………..[75] The level of general knowledge about leaky buildings in 2005…………………………………………………………………….[76] The information contained in the Buy Smart Report………………[77] The documents produced by Mr Slater when the report was discussed………………………………………………………………[79] The comments made by Mr Slater a...
...entitled to the sum claimed? d) Is D Ltd entitled to the sum counterclaimed? CI0301_CIV_DCDT_Order Page 2 of 12 Was there a material breach of contract by FT Ltd? 5. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at wh...
...name, the name of his counsel, contact details and a signature. [6] Page two invited the applicant to write down the documents he or she wished to inspect. The information provided consisted of the name of the case, its file number, and a request to inspect: Such documents on [the] court file as the Court deems appropriate to allow me access to on a confidential basis. 2 “Employment Court of New Zealand Practice Directions” <www.employmentcourt.govt.nz> at No 16...
...The full Report was released, including the limitations of it, and had this been an entirely private sale, the risk may have laid entirely with Mr R based on what had been negotiated in clause 5. (e) Mr R stated that he asked Mr U for more information about the electrolysis mentioned in the Report, and that Mr U told him to make contact with Mr T. He recalls that Mr T substantially downplayed the problem both in terms of its seriousness, and future cost to repair. Mr T disputes th...