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...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The submission dated 31 December 2009 from Mr and Mrs Holmes to the chief executive. The assessor’s report dated 20 November 2009. The letter from John Bansgrove of the Department of Building and Housing to t...
...the conduct of the proceeding; and (c) necessary for the conduct of the proceeding; and (d) reasonable in amount. Discussion [11] In her second application, notwithstanding Ms De Marco expresses her claim for costs as disbursements, the sum claimed appears to be in the nature of a claim for damages involving in part a claim for pain, stress and suffering in consequence of the way she feels she has been treated by the Corporation. [12] A claim for costs on appeal by a successfu...
...view of the facts of the case and asking him to provide a full affidavit in answer to specific questions. He provided an affidavit on 10 December but has repeatedly refused any further response to the YMCA. [49] The lengthy email to Mr Tindall requesting an affidavit was actually written by Mr Zwart. Mr Zwart summarised the relevant events that had occurred back in January/February/March 2008 and then requested Mr Tindall’s response to a number of issues. One of those issues wa...
...Zealand Defence Staff (Washington). The move was an internal one and the position was not advertised, but a new employment agreement was signed. [16] Ms Radford worked as a Personal Assistant until she successfully requested a return to her former position. Her return was effective from 20 August 2012. Another employment agreement was signed to record the move back to working in the Finance/Administration role. [17] In what would begin the final stage of Ms Radford’s empl...
...refused to pay the invoice as he believes he did not enter a contract with T Limited. 2. T Limited claims the amount of $4,740.40 from Mr J, being the amount of the unpaid invoice. 3. The issues to determine are: a. Was a contract formed between T Limited and Mr J? b. If so, what were the terms agreed? c. Did Mr J breach the contract by not paying the amount invoiced? d. If so, what if any amount is Mr J required to pay T Limited? Was a contract formed between T...
...that spelling but is otherwise identical. 1. BQ and his wife want XB and TB (XB and TB – the latter joined during the hearing as confirmed in the above order) to pay for repairs to their sealed access road/driveway which they say has become deformed due to the roots of trees on XB and TB’s property. In the claim filed BQ sought $29,000 but has provided a number of different costings regarding different types of repairs to various standards and which are all under $30,000. I have e...
...so, whether TU is entitled to a remedy, and if so the remedy he is entitled to; (d) Who is liable to pay TU. Was there a binding contract for the sale of the coffee machine to TU? CI0301_CIV_DCDT_Order Page 2 of 4 9. For a contract to be formed, the elements of a simple contract must exist. These are offer, acceptance, consideration (an exchange of value, or a promise to exchange value), and an intention to create a legal relationship. 10. I find a contract was formed for the...
...‘signed’ acknowledgement from the customer to this effect. Allowing for the modern realities as to the manner in which contracts are entered into, I consider a ‘signed’ acknowledgement could be electronic, by way of completion of an on- line booking form. 10) The applicant says the relative booking was made by phone, and followed up with texts. The respondent says that its booking form (with its standard terms and conditions attached) was completed and it has submitted document...
1 [2011] NZWHT AUCKLAND 10 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6373: JANICE GALVIN – 20 EGMONT STREET, TE ARO ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Janice Galvin is the owner of a leaky home. On 10 August 2000 she filed a claim with the Department of Building and Housing....
...entitled to a refund? What was agreed between the parties? [5] The relevant law is the law of contract, the Fair Trading Act 1986 (FTA), and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. [6] GJG argued that this was a case of buyer’s remorse, and that Mrs QS had been informed about the payments that would be taken under the twelve-month contract. Howev...