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...disbursements reasonably incurred. I invited the parties to endeavour to reach agreement on the costs issue, failing which I set a timetable for 1 [2011] NZEmpC 109. filing memoranda. I also requested the defendant to attach receipted invoices to his memorandum together with an appropriate explanation of the services provided by his lawyers. [2] Settlement did not prove possible and the memoranda filed by the parties raised n...
...and that the tenants gave notice due to the water ingress issues. It was reasonable in the circumstances for the claimants to carry out repairs before re-tenanting the property. I do Page | 12 not however accept that the full nine months requested should be awarded. Part of the inability to rent the property was the difficulty in getting tenants for shorter periods when the claimants were going to return to live in the property over the summer. Loss of rental is awarded...
...could be taken into consideration when assessing the reasonableness of the lapse of time between the conclusion of the repair, discovering defects and asking Tower to remedy these defects, I find that the time lapse between late 2014 and making the request in 2022 is outside what can be considered as reasonable. [31] Accordingly, I agree that Tower cannot be required to remedy the alleged defects pursuant to s 32 (a) (i) of the CGA. However, the right to claim all reasonable costs to...
...Appeals – 3/03/2025 Page 1 of 10 Immigration and Protection Tribunal Rōpū Take Manene, Take Whakamaru Guide 2 - A guide to refugee and protected person appeals 1. Using this guide This guide will provide you with information about whether you can make an appeal against a decision about refugee and/or protected person status, and how to do that and what the appeal process involves. If you decide to appeal, you must fill out Form 2 – Refugee and Protec...
...is known by the technical legal term “consideration”. A contract can be oral, or written, or partly oral and partly written. CI0301_CIV_DCDT_Order Page 2 of 5 5. The correct way under the law to determine whether a contract has been formed is to take into account all the things said or written by the parties to each other, and, if possible, to find where an offer was made that was accepted. It will also be necessary to determine whether an exchange of value has taken plac...
...Hearn & Ors v Parklane Investments Limited & Ors – INTERIM DECISION File No: TRI 2008-101-000045/ DBH 05356 Court: WHT Adjudicator: R Pitchforth Date of Decision: 30 April 2009 Background This is an interim determination relating to a claim filed by the trustees of the A Hearn Family Trust (the Trust). The Trust sought redress from the following parties believed to be responsible for their leaky unit: First respondent: Parklane Investments Limited (Parklane) –previous...
...Ture Whenua Maori Act 1993 (section 237). It is not an oppOttnnity to change the nature of the trust by redefining the class of beneficiaries or by imposing a new purpose for the trust. [62] Mr Tane's submissions were that while the trust was formed following a Wai settlement, the Wai 51 claim was based on the public works acquisition of the land by the Crown and its non-retum. Thus the trust f0l111at should not be affected by some wider view of overall Treaty performance by th...
...The three of them agreed at this meeting that approval of the transfer should be sought before investment. Ms Li seeks approval of the funds transfer [11] On 22 February 2016, Ms Li sent the transfer documents to Immigration New Zealand and requested confirmation that the funds had been correctly transferred. She advised that the complainant had transferred $1.65M to his bank account in New Zealand. Once the agency had confirmed the transfer, the complainant would invest the fu...
...September 2022, recording the date of injury as 3 March 2022. [11] On 20 September 2022, Dr Jenny Jones, GP, certified Mr Richardson fully unfit to work from 12 September 2022 to 26 September 2022, recording the date of injury as 3 March 2022 and requesting weekly compensation for an incapacity starting on 12 September 2022. [12] On 22 September 2022, Dr Amanda Ragg, Radiologist, reported on a right wrist MRI of Mr Richardson. Dr Ragg questioned whether there was dorsal spurring...
...he compared the defects with the plans. [20] To that end, in his brief of evidence, Mr Summers compared Mr Howarth‟s conclusions as to defects which caused damage with the content of the building consent documentation in a table which formed part of his brief. Mr Summers referred to 17 points where he considered that the drawings were deficient. [21] Mr Summers related the specific weathertightness detail notes on the drawings to the technical literature to which they r...