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...1325 APPLICANT TN RESPONDENT LI The Tribunal orders: 1. LI is to pay to TN the sum of $250.00 on or before 1 September 2020. 2. The ownership of the cat “A” is vested in LI. Reasons 1. Ms N used the services of a cat rehoming agency run by NQ to find a new home for her cat, “A”. Ms N is a cat breeder, and Ms N was seeking another home for A as she did not enjoy living with other cats. 2. Mr I responded to the advertisement put ou...
...likely to mislead or deceive (s9 of the FTA). Under the FTA, the term “trade” is defined broadly to mean “any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or to the disposition or acquisition of any interest in land.” (s2 of the FTA). 19. It is not necessary for a person to be trading in his or her own right to be found to be ‘in trade’ for the purposes of the FTA. In part...
...property/advice about the quality of the property? Were the representations/advice wrong? Was it reasonable to rely on those representations? Obligations 7. I accept that: a. QD needed to take reasonable care and skill in providing its services, including any measurement, and in the inspection report it produced. This is a term reasonably implied into its contract and also applies if provided to a consumer under the Consumer Guarantees Act 1993 (CGA). b. Parties ‘in tr...
...up such an offer and that he would never have expended funds on the property unless he was 100% confident that the purchase would proceed. 16. The arborist work was carried out on 24, 25 and 29 February 2020 and KQ was invoiced $4,140 for the service. (Payment for the arborist works may support that it was they who sought the change to the scheme plan for the new driveway.) 17. Not long thereafter EN and MN say that KQ advised them that he and WQ no longer believed that they were...
...response to the charge within ten working days, that is, by 13 April 2021. Mr Kan did not file a response within that period, or at all. After an email reminder was sent to him by the Tribunal on 16 April 2021 (which also advised him that a telephone conference would be scheduled to make timetable directions to progress the matter) Mr Kan advised the Tribunal: To whom it may concern Firstly, if there has been any indiscretion that has occurred, I truly and fully apologise. Any...
...you can’t afford a lawyer you may qualify for legal aid which will pay for a lawyer. You can find out more about applying for legal aid here: https://www.justice.govt.nz/get-legal-aid Community Law Centres have lawyers who can support you, and this service is usually free. To find your closest Community Law Centre look in your phone book or online at www.communitylaw.org.nz Do you have any questions about this form? If you have questions about this form you can call the Ministry of Justi...
...client/main contractor. A copy of the approved consent is required before we can begin works.” (page 1 of the quote). However, the Applicant completed the works without obtaining a copy of the relevant approved consent. (b) As a supplier supplying services under the Building Act, it was appropriate that the Applicant checked the validity of Building Consents rather than relying on a building consent number provided by a client. In this regard, I note that WH says that she used to rely...
...for the purposes of a quote. 13. ED said that with a further prune the trees will grow back to what they were before they were cut. 14. KH obtained three reports. Those reports were from: a. BD Ltd who provide tree consultancy specialist services; b. DM Ltd. Its website says it is New Zealand’s only specialist conifer nursery. The co-owner of DM Ltd, RN who provided the report says she is a qualified horticulturist specialising in conifers; and c. The U LtdU Ltd. The di...
...July, TE sent the applicants an invoice for $75,900.00. LL and TE then discussed the price in a telephone conversation, and TE sent a subsequent email to LL, which said: As per our telephone conversation, this is my full and final invoice for my services, and includes the jacking down of your house into its new piles at no extra cost to you, once you are ready. CI0301_CIV_DCDT_Order Page 2 of 6 The applicants paid $75,900.00 in full on 15 August 2022. [5] The required buildin...
...and providing instructions to,U Ltd to attempt to repair the truck’s transmission, all without success. Finally, V LTD requested U Ltd to send the truck to their [city 2] repairers, at which point U Ltd said they required payment for their repair services before this would be done. U Ltd, in their report said V LTD told them they would pay for the repairs but have not done so. Page 5 of 6 31. Given the internal gearbox issues found with the truck that became apparent on the...