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...expression in “dollar terms” and not an “indicative” value. The intention was that the party who purchased VDE, which did not have a goodwill value recorded in its accounts, would receive a fair share of the $380,000 goodwill figure.14 He claims that neither he nor Mr UEF would have sold their respective interests for the goodwill figure of $119,216 which was included in the formula devised by Mr YBC and the accountant. 12...
...a party to these proceedings (no other party opposed the strike out) as there was no evidence to link its work or the producer statement to weathertightness issues. There was no foreseeable likelihood of any liability in respect of the work performed by the Fourth Respondent. MATERIAL FACTS [7] The owners own a rural property near Kawhia. In September 1999 two of the owners (“SE Middlemass and SA Middlemass”) met with Dorfliger and another representative of NZLC an...
...Ltd was to do, how it was to be paid for and when it was to be completed? 19. 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 offer, an acceptance of that offer, and an exchange of something of value called consideration. CI0301_CIV_DCDT_Order Page 3 of 15 20. The process started by CZ requesting a quote from C Ltd for joinery and s...
...containing information about Mr MacMillan. On 26 June 2006 the Chairperson of the Board (Judge DJ Carruthers) made an order under s 13(3) of the Parole Act 2002 that the submission not be made available to Mr MacMillan. [7] Mr MacMillan has twice requested access to the submission and has been twice refused. The first refusal by the New Zealand Parole Board was by letter dated 25 August 2006. That letter makes reference to the order under s 13(3) and to the savings provisions in s 7 o...
...problems, notably osteoarthritis. DJ also undergoes regular and ongoing physiotherapy. 5. DU sought a refund from QN who agreed DU could return DJ for a full refund of the purchase price ($1,500). This was after the 11.5 week vet check but before any formal diagnosis of DJ’s condition had occurred. 6. DU did not wish to return DJ as she had become attached to him and so it was agreed that if there was evidence that DJ did have a defect in his hips that was due to a breeding issu...
...https://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I9fac7d78e02811e08eefa443f89988a0&&src=rl&hitguid=I80af1c0ce00611e08eefa443f89988a0&snippets=true&startChunk=1&endChunk=1&isTocNav=true&tocDs=AUNZ_NZ_LEGCOMM_TOC#anchor_I80af1c0ce00611e08eefa443f89988a0 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 infor...
...the claim Mrs Anderson and others were involved in a short period of activity that resulted in the settlement in late 1990. We refer to the main steps only in that settlement process. [9] In May 1989 a new organisation for the Ruapuha hapu was formed. It held its first meeting on 6 May 1989. Kit Toogood, solicitor of Wellington, was appointed as legal advisor for WAI 51. At its second meeting on 10 June 1989 Mrs Anderson advised the meeting that the Waitangi Tribunal had propose...
...of Discontinuance, which included that there be no order as to costs, for Mr Ratima’s consideration. [5] On 23 February 2023, instead of signing the draft Notice of Discontinuance, Mr Ratima filed a Notice of Discontinuance that included a request that the Corporation be ordered to pay an unspecified sum by way of Mr Ratima’s costs. Mr Ratima noted that otherwise he would need to take out a loan to pay Mr Meier. [6] On 15 March 2023, Mr Ratima and Mr Meier filed a memorandum...
...cancel the contract? c) Is DF entitled to the sum claimed? Did DF breach the contract in failing to carry out the service in accordance with the engineer’s instructions? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking...
...to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodged in the Authority. Mediation Services replied, asking Mr...