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...it is alleged Ms Chinan breached the express and implied terms of her employment agreement. She 28 JP Morgan Chase Bank NA v Lewis, above n 4, at [95]. said Performance Cleaners was not claiming misappropriation of funds or conversion, and the statement of claim should not be read as if it was. She argued that the existence of the employment relationship was a necessary component of each cause of action, as pleaded, and tha...
...Whanganui and National Park inquiries concerning the Rangipō Waiu and Murimotu land blocks have already been added to the Taihape Record of Inquiry. If you would like the Tribunal to consider adding other reports, you can prepare a submission requesting this. Did you know? Most of the material contained on the Record of Inquiry can be downloaded from the Waitangi Tribunal website. This includes research reports, submissions from counsel, and Tribunal directions. To download...
...representing Ms Civil at the time). Nonetheless, it is new evidence in the appeal. [5] Mr Mailand filed Mr Lyon’s report dated 12 May 2021 together with supplementary submissions, dated 19 May 2021. Background [6] On 27 April 2017, an injury claim form was filed by Ms Civil’s General Practitioner (GP) for a shoulder sprain/upper arm left side, sustained on 13 April 2017. According to the claim form, Ms Civil was “lifting potting mix and heavy pot and injured left shou...
...was the contract frustrated by events in late January/ early February 2020? 8. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and a passing of something of value, called consideration. 9. The Contract and Commercial Law Act 2017 (“CCLA”) deals with the law surrounding frustrated con...
...entered into, it may cancel the contract or make an order for compensation or restitution of property (s89 and s95). 9. A misrepresentation is a statement of fact made by one contracting party to another before or at the time that the contract is formed. A party to a private sale is generally under no obligation to ensure that the other party is fully informed about the transaction, therefore, the seller need not disclose all material facts to the purchaser, and silence will not usually...
...[2013] NZDT 36 BETWEEN ABS Ltd APPLICANT AND ZYL FIRST RESPONDENT AND ZYK SECOND RESPONDENT Date of Order: 15 March 2013 Referee: Referee Edison ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim against ZYL and ZYK is dismissed. Facts [1] ABS Ltd owns 18 acres of land adjacent to land jointly owned by ZYL and ZYK. The boundary was fenced with a 7-wire fence. In the claim form, ABS Ltd stated that ZYL’s cattle t...
Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz Ref: OIA 120116 16 April 2025 Tēnā koe Official Information Act request: Waitangi Tribunal funding Thank you for your email of 9 March 2025 to the Ministry of Justice (the Ministry) requesting information about Waitangi Tribunal funding under the Official Information Act 1982 (the Act). Specifically, you requested: Can you please provide me...
...she applied for work with the ICC he had only recently dismissed her for not having invited him to a social event, for being a Nazi sympathiser, and for falsifying her resumé. She had already raised her personal grievance and had lodged her claim with the Authority. It was submitted it would be absurd to suggest that she would have invited subsequent employers to speak to Mr Katavich in those circumstances. (d) Further, there had been evidence before the Authority in th...
Legal Aid Disbursement Policy Review Proposal for consultation Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon th
...Contibution to grazing 120.00 Less value (as assessed by Ms TT) 2,000.00 $5,320.00 Referee: J Robertshawe Date: 9 September 2020 CI0301_CIV_DCDT_Order Page 5 of 5 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...