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...that I should award SU. 18. For these reasons the claim by SU against WC is proved. 19. For these reasons WC is to pay SU $2,755.32. Referee: K Johnson Date: 21 November 2022 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 r...
...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,...
...and/or used within its warranty guidelines? b. Is ED entitled to $115.00 as claimed, or to any other sum? Was the [fishing rod] of acceptable quality and/or used within its warranty guidelines? 5. 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...
...This was generous rather than an admission of liability. UU Ltd agreed to make the goodwill payment even if the claim was dismissed. Referee: B M Smallbone Date: Wednesday, 12 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 r...
...• • • • • • • • • • • • • 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...
...absence of one or more of the parties. Has UC breached a legally binding contract? 5. When two parties reach agreement about an exchange for value, for example, the provision of services in exchange for money, a legally binding contract is formed. The terms of the contract are those that are agreed by the parties at the time the contract is formed. If written terms and conditions are to be binding upon the customer, the customer must have had access to the terms and conditions p...
...whereas Mr Medricky and Mr Hadley were working in the construction industry at the relevant time therefore I prefer their evidence on this issue. [55] Mr Gillingham said that it was not common practice in 2000/2001 for a Council officer to request a Producer Statement from a roofer. He accepted that this placed more emphasis on the Council inspections. The Council was reasonably required to inspect an element of construction as crucial as the roof when it did not 21...
........................................................... [7] PURCHASE OF HOUSE BY CLAIMANTS .................................................. [11] PROPERTY TRANSFERRED FROM CLAIMANTS TO TRUST.................. [16] Additional Repairs after Trust Formed................................................. [20] Attempted Sale of the Property ........................................................... [23] THE CLAIMANTS’ CLAIM .................................................................
...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...
...this question, which had not been apparent to either of them prior to the hearing. Given they were not legally represented, that is unsurprising and not a criticism. TM thought it was important to protect New Zealand consumers from misleading information such as that in B Ltd’s baggage policy. He further said that if the Tribunal did not have jurisdiction, he might be able to make a claim in [Country 1] following his return to [International city 1] later this year. NL for B Ltd was un...