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...the current claim. 31. For these reasons I find the claim is partially proved and the respondent is to pay the applicant the sum of $5,374.08. Referee: K Johnson Date: 29 February 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 a re...
...that one of the possible consequences of not paying for parking was the towing of his vehicle. 9. I accept NT intended to pay but was having difficulty downloading or accessing the app. However, as L Ltd said, it is unable to ascertain that information without some communication from the owner. It said if NT had rung the 0800 number to tell them he was having difficulty, his car could have been placed on the “no-tow” list. NT accepted he had seen the 24 hour phone number to call...
...a personal guarantee he would reimburse V Ltd for any ‘clawback’ paid to [insurance company], which is not enforceable because it is not compliant with s27(2). 8. A personal guarantee is a binding undertaking someone gives to guarantee performance of a party to a contract of which the party giving the guarantee is not a contracting party, and which is enforceable against the guarantor by the other party to the contract. If the contract between [Insurance Company] and V Ltd was si...
...the hearing are not able to be awarded by the Tribunal, except in particular circumstances which do not apply here. The counter-claim is therefore dismissed. Referee Perfect Date: 21 September 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 r...
...cosmetic work. However, the parties had in fact reached an agreement about price, and KA had already received the report, by the time that he paid the $2,500.00. PI had agreed to do his best to ‘tidy up’ the cosmetic issues, but PI had already informed KA that he would not put that commitment in writing because it would not be possible to accurately state what standard L Ltd was obliged to bring the vehicle to. d. It is not proven that PI ‘pressured’ KA into paying the depo...
...document or his bank records and if it that was incorrect, then it would be normal to expect an objection to be raised to that by WQ. g. It was suggested that WQ was previously used to dealing with payments by way of cheque in [country] and this form of advance was unknown to him and he did not read it or understand it. I find this suggestion unlikely. It is the transfer of a substantial amount of moneyback in 2005 and is the only record of it. It is reasonable and more likely than n...
...activity caused him any loss and homeowners can expect to maintain their driveway without pay. Referee: Hannan DTR Date: 1 August 2023 1 Nuisance is a tort. 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...
...reasonable care and skill. 5. I find that N Ltd did not manage the flight with reasonable care and skill. I make this finding for the following reasons: CI0301_CIV_DCDT_Order Page 2 of 3 a) It was a term of the contract that N Ltd would inform OQ “as soon as reasonably possible if the airline needs to make a significant change to your confirmed flights or to cancel them”. OQ was not told of the flight change. N Ltd became aware of the flight change at least 3 months before...
...before the six-year mark and so the limitation defence is not available to BE. 15. For the above reasons BE is to pay $2,850.00 to QG before 13 March 2024. Referee: L Thompson Date: 13 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...
...adjournment order dated 13 November 2023 sets out the background to the claim. 2. BS submitted that: a. After the first hearing, she looked to file an ACC claim online. She watched a tutorial video which advised the claimant to have “detailed information about the accident ready before filing”. b. She considered that what happened to her was negligence, not an ‘accident’. She telephoned ACC to clarify whether she could still file a claim. c. The person that she spoke...