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...However, as the Tribunal’s jurisdiction is limited to $30,000.00, I find that this is the amount that the respondent should pay the applicant. Referee: K. Armstrong Date: 7 July 2023 Page 4 of 4 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 reh...
...satisfied the campervan was most probably sold ‘in trade’. This is because I accept F Ltd provided services to BC service and ceased trading by 31 March 2019 which is when it advised Inland Revenue it ceased trading by way of a completed IR 315 form. The campervan is not listed as a retained asset of that company in CI0301_CIV_DCDT_Order Page 2 of 3 that form. I am not therefore persuaded the CGA or FTA applied to the sale and so compensation is not available to ET by consi...
...installed in the property. 8. His claim seeks reimbursement of $1,150.00. 9. The hearing took place by phone on 20 June 2023. Both parties participated in the hearing. AI represented Z Ltd. The issue 10. The report was prepared by “KV” a former sub-contractor to Z Ltd. 11. AI, the owner of Z Ltd, submitted that: a. Z Ltd has no record of this job. CI0301_CIV_DCDT_Order Page 2 of 4 b. Z Ltd did not receive payment from HA, and the bank account stated...
...head applies a slight pressure. The watch has to be placed face down, and, as the back of the watch is slightly curved, it has placed pressure on the 100 year old mineral glass and caused the crystal to shatter. NK, however, said his service was performed on the basis of ‘all care and no responsibility’. 7. I find that once N Ltd accepted the engraving on the antique watches, then it was bound to perform its service using reasonable care and skill and so that the result would be...
...established any ground to be allowed credits for the flights that he did not take, or those that he might take in the future. His claim must therefore be dismissed. Referee: C Hawes Date: 15 December 2021 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...
...following their installation instructions, and the installer, [plumbing company], has refuted this in writing saying that they believe it to be a product fault. Referee Perfect Date: 19 September 2023 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 re...
...of mistake would have been made in this circumstance. 10. Therefore, it is not necessary to consider the second issue and the claim is dismissed. Referee: Sara Grayson Date: 22 February 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...
...not entitled to withdraw from the contract without J Ltd’s agreement. As J Ltd said in the hearing, it could have chosen to sue U Ltd to complete the purchase. 8. U Ltd attempted to cancel the contract in July 2023 and rather than suing for performance, J Ltd accepted that the contract with U Ltd was over. This means that the contract between U Ltd and J Ltd has been cancelled. 9. Section 42 of the Contract and Commercial Law Act 2017 (CCLA) says that when a contract is cancell...
...$1,000.00 that they are claiming. 20. The claim is proven. 21. DE and XE remain the owners of the vehicle and they may dispose of it as they see fit. Referee: Nicholas Blake Date: 15 January 2024 Page 4 of 4 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...
...2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored in an upright position but did not understand that this was be