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Search results for clause 5.

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  1. NQ v QC [2023] NZDT 328 (19 July 2023) [pdf, 118 KB]

    ...fee for the services, up to and including the mediation, would be somewhere between $2,550 and $3,500 plus GST and where it sat within that range would depend on the time spent and the outcome obtained. 8. On the other hand, NL claims that the clause means that the fee is estimated to be somewhere between $2,500 and $3,500 plus GST but it could be higher depending on the time spent and the outcome achieved. She said that they achieved a good outcome for NQ and spent considerable tim...

  2. XM & KM v U Ltd [2024] NZDT 716 (15 August 2024) [pdf, 97 KB]

    ...campervan. 14. XM and KM chose not to pursue their accommodation costs and so I have not considered whether they would be entitled to these as a reasonably foreseeable consequential loss. 15. For completeness, I note that the contract states at clause 15 “…No responsibility for out of pocket expenses, including accommodation charges or meals or loss of enjoyment resulting from a breakdown or accident will be accepted…” However, U Ltd is unable to contract out of its obligat...

  3. 28.-Evidence-of-Mr-Grant-Eccles-Planning.PDF [PDF, 1.7 MB]

    Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for reso

  4. [2009] NZEmpC AC 30/09 Masonry Design Solutions Ltd v Bettany [pdf, 74 KB]

    ...working hours. Although each of these breaches, had they been established to the requisite standard, may have amounted, individually and collectively, to misconduct, it is difficult to categorise them as serious misconduct unless, in terms of clause 14.2(iv), they amounted to a serious or repeated breach of a lawful and reasonable employment instruction. [19] Mr Bettany’s was fixed term employment of three months. There is no challenge to the employment agreement’s compliance...

  5. IS & JS v KC [2021] NZDT 1308 (9 April 2021) [pdf, 219 KB]

    CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1308 APPLICANT IS & JS RESPONDENT KC The Tribunal orders: 1. KC and LC are to pay to IS and JS the sum of $19,950.00 in the following manner: (a) They are to make three annual payments of $5,000.00, and one of $4,950.00; (b) The payments are due on 31 January 2022, 31 January 2023, 31 January 2024 and 31 January

  6. [2019] NZEnvC 172 The New Zealand Fairy Tern Charitable Trust v Auckland Council [pdf, 13 MB]

    ...North Land means the area of !and described and illustrated in Schedule 1, except that the Te Arai North Land will exclude the Reserve Area following vesting of that area in Councl!; and Termination Date means the date specified or determined in clause 2.2(b}; 1.2 Defined Expressions: expressions defined in the main body of this agreement have the defined meaning in the whole of this agreement, including the background and the schedule; 21 August 2014 791 2 1.3 Headings: secti...

  7. [2022] NZEnvC 265 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.8 MB]

    IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 265 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-29) (and all other appellants listed in the Schedule attached) Appellants AND SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Deputy Environment Commissioner R M Dun

  8. [2008] NZEmpC CC 14/08 PGG Wrightson Ltd v Jary [pdf, 31 KB]

    ...IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF preliminary issues raised by the parties BETWEEN PGG WRIGHTSON LIMITED Plaintiff AND BRENT ROBIN JARY Defendant Hearing: 5 August 2008 (Heard at Christchurch) Court: Chief Judge GL Colgan Judge CM Shaw Judge AA Couch Appearances: D P Robinson, Counsel for Plaintiff K G Reid and J Costigan, Counsel for Defendant Judgment: 10 October 2008 JUDGMENT

  9. Tucker v CAC 20006 & Claydon [2012] NZREADT 46 [pdf, 41 KB]

    ...succeeded to a sole agency previously held by the appellant. The sole agency was cancelled by Ponsonby Real Estate. At that time Mr Tucker was a licensed agent employed by Custom Residential Limited (CRL). He e had listed a property for sale at 159 Balmoral Road. This had a sole agency which expired on 25 April 2011. Ponsonby Real Estate Agents Limited (PEAL) trading as L J Hooker signed a sole agency with the vendors on 26 April 2011. Ms Claydon was a licensed salesperson engaged by...