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Search results for clause 5.

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  1. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

    ...on 18 May 2021 and the firewood was delivered on 20 May 2021. 3. CM did not pay for the firewood. 4. NF Ltd sent a number of reminders and statements in respect of the amount due and attempted to contact CM. No response was received. 5. In March 2022, NF Ltd tried to contact CM by phone. Shortly after that NF Ltd received an email from CM advising that he was aware he had an outstanding account. He stated that the wood ordered was extremely wet and unseasoned, particularly t...

  2. EC & KC v CT & ZR [2022] NZDT 190 (17 October 2022) [pdf, 199 KB]

    ...an open home and then had a second private viewing of the home on 22 March 2022 but CT was in the lounge unwell so the Applicants did not enter the lounge that visit. The wall-mounted TV was in the lounge, but was not included in the chattels. 5. The pre-settlement inspection occurred on 3 May 2022. The Respondents had removed their TV by that time but had left the cabling in place for the Applicants to connect their TV. 6. On 9 May 2022, the Respondents received a query via the Ap...

  3. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

    ...settlement? 5. The heatpump was listed in Schedule 2 to the Agreement. KD and BD do not dispute that under the vendor warranty, they were obliged to ensure the heatpump was in reasonable working order on the date of settlement. This is clearly stated in clause 7.3(1). Was the heatpump in working condition on the date of settlement? 6. Neither party tested or used the heatpump on 3 November 2023. 7. OC tried to use it on 4 November 2023 and found that while it would turn on,...

  4. BI v U Ltd [2024] NZDT 614 (8 August 2024) [pdf, 101 KB]

    ...first campervan was returned by BI the same day she picked it up due to an issue with its air conditioning. b. BI experienced multiple issues with the second campervan which, in the absence of U Ltd not being able to provide a replacement before 15 January 2024 she chose to continue using. She did not make alternative plans for continuing her holiday any other way. c. On 15 January 2024 U Ltd provided BI with the third campervan. BI experienced three issues with this which were...

  5. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

    ...4pm 6 September 2024. 2. ET’s claim against F Ltd and R Ltd is dismissed. 3. By virtue of the Slip Rule1, on 16 August 2024, amendments have been made to the order dated 9 August 2024. ET’s had incorrectly been written as EN in several clauses. Reasons: 4. ET claim is for damages of $7000.00 for the loss of his motorbike, jacket, gloves, helmet and stress and inconvenience as a result of EN failing to give way to oncoming traffic as he made a right hand turn while dri...

  6. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

    ...transfer or move any employee of the Contractor established as a guard at CPIT to any other site without prior consultation with CPIT. [19] In reference to this particular provision, Mr McDowall said in evidence: 4. This type of clause is typical of contracts we enter into with clients because clients want to ensure that they have absolute control over who does and does not look after security on their premises. [20] The individual employment agreement between Alli...

  7. [2022] NZEnvC 049 Boonham v Kaipara District Council [pdf, 546 KB]

    ...is adequate existing wastewater infrastructure, or funding for adequate wastewater infrastructure to support the development is identified in a long-term plan. Evaluation under s32 and s32AA In selecting the most appropriate wording for these clauses the tests under s32 of the RMA are proportionate to the wording choices before me. Section 32AA(1)(c) states: [the evaluation] (c) must, despites paragraph [32AA(1)](b) and s32(1)(c), be undertaken at a level of detail that correspond...

  8. BORA Criminal Procedure Bill [pdf, 88 KB]

    ...undertaken an examination of the Criminal Procedure Bill (PCO 5170/13) (“the Bill”) for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). I conclude that the proposed new sections 378B to 378D (Part 1, clause 7 of the Bill) of the Crimes Act 1961 appear to be inconsistent with the “double jeopardy” right contained in s 26(2) of the Bill of Rights Act and these proposed new sections do not appear to be justifiable in terms of s 5 of the Bill...

  9. LCRO 182/2023 HF v DX (28 May 2024) [pdf, 213 KB]

    ...Rules 2014 (DCR) provides as follows: 2.4 Registry hours (1) the court’s registries must be open from 9 am to 5 pm on every day that is not a court holiday. [41] Rule 5.1B DCR explicitly provides: 5.1B When documents filed (1) Subject to subclause (2), and despite any other provision of these rules or any other enactment to the contrary, a document— (a) delivered by hand to a registry of the court under rule 5.1A(2)(a) is filed on the day on which it is accepted for filing by...