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...AAP APPLICANT AND ZZM RESPONDENT Date of Order: 15 November 2012 Referee: Referee Cheyne ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is struck out. Facts [1] AAP has no presence in New Zealand but is an Australian registered company that works in Australia. ZZM is a New Zealand registered company based in Christchurch with clients in Australia. ZZM contrac...
...report carried out with reasonable care and skill and was it fit for purpose? c. Is AB entitled to $20,000 as claimed, or to any other sum? What was the agreed scope of the building report? 7. Under contract law, 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, and what was agreed is looked at objectively, i.e., by looking a...
...the initial medical assessment and the functional capacity evaluation was that Mr Stryder was fit for his pre-injury employment as a chef. Weekly compensation ceased on 18 October 2010. [12] On 21 May 2019, Mr Stryder's GP completed forms for assessing entitlement to a lump sum payment. The general practitioner noted Mr Stryder was suffering from PTSD and anxiety. Since these conditions were not covered injuries, he could not be assessed for a lump sum payment. However,...
...Whether there was a legally binding contract between the parties that required UT and QT to pay B Ltd $17,000.00? 3. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. 4. B Ltd said that they had signed a settlement agreement with UT and QT in early 2024 and they had agreed to pay the sum of $17,000.00 to them as part of a full and final settlement
...charged $1,380.00 by the eftpos supplier for failing to return the machine. 2. In November 2024 D Ltd contacted O Ltd and was told the parcel had been lost. O Ltd said that it was too late, in terms of its terms of service, for D Ltd to make a claim in relation to the failure to deliver the parcel. D Ltd later filed a compensation claim form with O Ltd, but O Ltd has continued to decline to pay any compensation. 3. D Ltd seeks an order that O Ltd is liable to pay it damages of $1,5...
...ACA). Therefore the Tribunal cannot hear a claim for loss of wages arising out of the second incident in the cafe where KE’s dog pulled out of IM’s hand. Referee: J.F. Tunnicliffe Date: 8 May 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...
...2021, confirmed the hearing date on or after 27 June 2022, noting that mediation had occurred. The Tribunal noted a dispute was clearly identified as to the law, namely the planning issues that affect the valuation of the matter. There followed requests to change the timetable, but the hearing date on or after 27 June 2022 was retained with a potential change to 4 July 2022. Special time was set aside in July 2022 for the hearing, namely 4-8 July and 11-12 July. The next Min...
Templates V13 – November 2017 page 1 Use this form to claim for any Civil matter other than Family, Waitangi and ACC fixed fee proceedings. To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Details of claim Forum category 1 2 3 4 Type of proceedings this invoice covers: Covers period from: to : Final invoice Interim invoice Lead Provider Listed Pro...
...• • • • • • • • • • • • • Concerns About Resource Allocation Available for Claims Concerns have been raised about the level of resources available to the Waitangi Tribunal for the hearing of claims. A large number of requests have been made for early and urgent funding and the Tribunal has been criticised when it has proceeded with other cases. In a recent memorandum concern ing the Ngai Tahu claim, Tribunal chairperson, Chief Judge Edward Durie p...
...properties. While DS was overseas XT pruned, or caused to be pruned, a 6m high Pohutukawa tree on DS’s property, destroyed a clematis growing on it and damaged a trellis situated on top of the fence. DS alleges this was done without her consent or request while XT states that DS requested the service which was provided through his company, S Ltd. DS now claims for damages being an arborist’s report, 2/3 the value of the tree, remedial pruning, the value of the clematis, the broken tr...