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...cases, there were many examples of conduct which were petty, although obviously disruptive. That conduct needed to be managed and may have required disciplinary action. However, it was not remotely close to that of a senior manager who had formed a romantic attachment to a relatively junior subordinate. A further distinguishing feature was that Mr Nel was a senior manager in charge of Ms A; a manager’s role was to lead by 37...
...relates to the deformation of diverter flashings. The Council’s position is that the building was fortunate that there were diverter flashings, as they were not commonly seen at that time. Unfortunately, these diverter flashings were improperly formed and therefore failed to carry out the task that they were designed to do. [30] The first respondent’s first line of defence was that there was no defect in the diverted flashings. This has already been rejected in the fi...
...11 47 Tākitimu MB 274-282 (47 TKT 274-282) 12 53 Tākitimu MB 265-289 (53 TKT 265-289) 58 Tākitimu MB 142 [19] The case was next heard on 6 December 2016. 13 Mr Bidois had filed the application for relief. Mr Wenley appeared and requested an adjournment because of the relatively short notice of the application. I granted the adjournment and directed Mr Francois to provide a further report to the Court on the trustees’ fees. [20] The trustees’ fees report was co...
...undertaking. He referred to the fact that Perpetual Guardian Trust has been engaged at a cost that the trust cannot afford and for which the Court has not released funds to pay for such services. Mr Te Nahu further noted that Aaron Bamber performs the secretarial functions for the trust but is not communicated with in relation to trust meetings and the like. Mr Te Nahu submitted that the majority trustees should be removed as they have enacted processes which have shown their com...
...stage”, he saw “no issues” with the property, and unless AJ’s builder had “identified any issues”, invited her to pay “the deposit to [the firm’s] trust account”. [47] On Friday, 12 April 2019, AJ received a valuation she had requested of the adjoining property, and later that day asked BN why he had not advised her about the land covenant which was referred to in the valuation. (b) Negligence [48] AJ’s allegations include that, by not advising her about the...
...what is reminiscent of an open drain. The animals found access around the edge of the fence-line and used my side of the bank, and track down past the bore and get to the water. I reported this to the Council, in accordance with the more recent requests for the Public to call in breaches of the Law, concerning animals in waterways---which is why I took the photographs. I was told there was not enough evidence here to show “pugging”. Signed Evelyn Skinner, committee member of...
...a record. e. The highest value within the margin of error of N other values is the typical maximum value. f. All values above this value are adjusted down to the typical maximum value. 24. The filtered data including the adjusted values forms the data set for the calculation of monthly and annual volumes. 25. The rationale for a value to be classed as typical is “it must not differ significantly from a number of other values (N) within the data record”. Essentially, ...
...(that is, the other addressees of her earlier email to him were not copied in) saying: …Please see clause 15 in the sale and purchase agreement. This explains why a draft pre-contract disclosure statement is attached. We are comfortable the form of agreement is binding (as is our client’s bank). (Section 146 of the Unit Titles Act should really be amended to give some guidance for pre-sale agreements.) … [13] Ms RE’s response is the questioned email. [14] Mr HC supported...
...the heading “procedure” was this: A midline cervical incision from C3 through C7 was made and taken down to the posterior elements. Again, the levels were checked with intraoperative fluoroscopy and a total laminectomy of C5 and C6 was performed. At this point, the operative microscope was brought into the field and the remainder of the procedure until closure proceeded under high magnification. A generous decompression laterally on the right hand side was performed and the d...
...the applicant is set out in Mr Wirihana-Tawake’s email of 16 October 2020 to Mr Kauika-Stevens. In short: (a) Mr Kauika-Stevens had signed the original tenancy agreement between the trust and himself rather than an updated version which he had requested; (b) The original tenancy agreement included a weekly rental of $150.00 which Mr Kauika-Stevens has subsequently refused to pay; (c) The trustees were directed by the Court to obtain average house rental prices in the area which...