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...contract when he agreed to the variation. I find CE is not entitled to a refund. 26. The claim against FG Ltd is dismissed. Referee: Verdun Tawhara Date: 13th day of July 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...
...after it occurred. She moved her steers back into the paddock and discovered that the metal farm gate was damaged, she believes, from an impact with an unknown third party vehicle. The photos show that the metal gate is dented inwards and the bolt forming part of the gate latch has been ripped out of the post. What appear to be fresh skid marks on the verge leading to the gate can also been seen in the photos. 7. ST has also provided a receipt from February 2023 to show that a new roads...
...instructed their current representative, Ms Fechney, on 22 September. Ms Fechney wrote to the Domain Lead advising that she had been instructed and said that it would take time to meet with the plaintiff and familiarise herself with the file. She requested that the meeting be rescheduled for one of a number of days the following week. She also made a request for material relevant to her client’s case. The Domain Lead responded, providing the requested material and advising tha...
.... . . . . . . 1 2 Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .1 Claimant submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .2 Crown submissions . . . . . . . . . . . ....
...from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation induced the party relying on it to enter into the contract, and that representation turns out to be incorrect, it is a misrepresentation to which s35(1)(a) of the CCLA applies. 8. TQ advertised the Boat for sale...
...valid notice is one that meets the requirements set out in s10 of the Fencing Act 1978 which says; (1) Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect. (2) The notice shall— (a) specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and CI0301_CIV_DCDT_Order Page...
...provide a drain repair quotation, I am not satisfied there was any agreement (or even any intention on I Ltd’s part, initially) that EX would pay for that time. It is also not clear that EX’s intention not to pay the unblocking invoices had already formed at the time of the drain repair site visit (a day after the final unblocking service). That part of the claim (for $973.87 is therefore dismissed). What invoiced amounts is EX liable to pay? 17. As per the above findings, EX...
...attended the first hearing, which was adjourned because his phone battery ran out. He did not attend today’s hearing. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: a) Was a binding contract formed and, if so, what was agreed regarding delivery? b) What sum, if any, is payable? Was a binding contract formed and, if so, what was agreed regarding delivery? 6. The common law of contract allows parties to enter into legally...
...to remedy any failure, his claim must be dismissed. Referee: C Price Date: 7 December 2023 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 re...
...resolve the matter, and that by 30 June 2023, HHG was to disclose all relevant documentation held by it pertaining to the matters in dispute. [12] On 4 July 2023, HHG disclosed documents which it said it had gathered in response to the disclosure request. [13] An issue then arose between the parties as to the adequacy of the disclosure which had been provided. Mr Smalley said that because disclosure was inadequate, mediation should not proceed in the meantime. 2 Smalley v...