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...take place, and I’m sure the applicant’s insurer will be willing to discuss a payment arrangement. Referee: John Hogan Date: 5 June 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...
...were identified as Mr Zareian and Ms Zareian. Under “Other Disclosures”, the vendors answered “no” to the question whether there was any completed work which might have required a consent.1 At the time of listing, the vendors did not inform the Zareians of the unconsented building work. [9] The property was marketed from about 17 August 2021 by the Zareians. 1 Agency agreement (4 August 2021) at [21.2]; BoD at 153. 3 [10] The Zareians were subsequently inform...
...Trustee and other elected trustees. The Māori Trustee’s administration over the trust ended in December 2018 and a separate group of trustees took over management of the trust. I was nominated and appointed as a trustee in February 2015 and formally appointed by the Māori Land Court in October of 2015. I was voted in as Chair in May 2016. Since my appointment as Chair, we have held numerous trustee hui and have held AGM’s in all years except 2017 as we were awaiting a report...
...Decision. [4] SUB-2008-570 was an application to the Waitakere City Council (to which the Auckland Council is successor) in 2008 for a 15 lot subdivision and SUB-2008-571 for a 75 lot subdivision. The applications for declarations 4 and 6 relate to the former, application 44 relates (indirectly) to the latter. Declaration 4 [5] 2 The declaration sought is: Four applications were set down for hearing but one (for declaration 45) was withdrawn prior to the hearing. Described i...
...The claim and counterclaim are dismissed. Reasons: 1. The dispute concerns a contract for design of a new house. On 23 March 2021, the applicant HD (the client) signed an agreement with the respondent BF Ltd (the designer) headed “Short Form Agreement for Architectural Design Services”. The client (who was acting as an agent for a third party under a power of attorney) paid $5,865.00 under this agreement on 24 March, and a further $5,175.00 on 31 May 2021. The designer complete...
...Section 36 (1)(a) of the Contract and Commercial Law Act 2017 (CCLA) states that “A party to a contract may cancel it if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to …(b) complete the performance of B’s obligations under the contract”. The party cancelling the contract may claim damages for any losses caused by the other party’s failure to perform their obligations. 6. At the hearing TL explained that the project...
...replacement of the thermostat (and any other required work to address the overheating) was not a result of their work on the vehicle. The claim is therefore dismissed. Referee Perfect Date: 14 November 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 f...
...additional cleaning charges justified? 5. I find that Q Ltd is contractually entitled to charge for additional cleaning required under clause 3(g)(iii) of their terms and conditions and find further that they have provided sufficient evidence in the form of photographs and detail of staff hours incurred to justify the charge of $612.50+GST. CI0301_CIV_DCDT_Order Page 2 of 3 6. The hirers were required to leave the venue in ‘good, clean and tidy condition’ and they did not....
...an early termination fee for this year long commitment is payable I find, in the particular circumstances of this dispute, that $200.00 is a reasonable termination fee. Referee: Hayes Date: 3 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 re...
...of the $625.00 deposit. 6. TL’s claim was for $670.00. The balance was the tribunal filing fee. Under s43 of the Disputes Tribunal Act 2008 a party cannot recover the filing fee. Therefore, I cannot award the amount of the fee. Other information 7. EL mentioned there were signs in the shop with its store policy that says if items were not paid for at least 2 weeks before delivery, the customer cannot make a claim (or blame them). I told him signs such as these cannot overrid...