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...supplied did not comply with what was agreed. [11] On the basis of the foregoing, I find that ADL has not been able to prove that ZWO Ltd failed to provide him with all of the parts that it should have and, as such, I find that ZWO Ltd are not responsible for any of the costs incurred by ADL in the course of having the new engine fitted.
...of the deposit provides adequate compensation for ZZY’s time and costs, having had to re-establish his business at the last minute and re-hire staff unexpectedly when the deal fell through. ZZY has also lost the bargain, but he must take some responsibility for the misunderstanding, neither party being careful in the preparation of the Agreement. It is noted that ZZY also signed the Agreement without getting his landlord’s consent under the lease. Nothing turns on this, as cons...
...that he showed a reckless disregard for his duties as a licensee. However, we consider that we must assess his conduct as amounting to a pattern of disturbing dishonesty. [56] Our member Mr Gaukrodger raised the point that there must be some responsibility on the Ray White franchise for failure to supervise the activities of this particular Defendant, possibly even extending to penalty and liability for compensation should such a failure be proved in all the circumstances. We unders...
...reason(s) for the request for supervision and, in particular, any concerns for the safety and welfare of the child(ren); and (e) the nature and extent and length of period of supervision which is sought, including the date of any review. It is the responsibility of the Court to supply these documents to the provider. The assessment may also include an interview with the child and relevant family members. The provider will ensure that these documents are secure and viewed only by tho...
...undermines her integrity and probity. [11] Mr Gilbert further submitted that Ms Clarkson’s conduct in the Maori Land Court was described by the Judge to be “nothing short of atrocious”. [12] Counsel referred to the respondent’s very poor response to the disciplinary process. He highlighted (a) Her objections to the investigation process. (b) Her failure to comply with timetables. (c) Her failure to engage in the disciplinary process for significant periods. (d) Her s...
...Calderbank offer. Merits of the Claim 19. The claim by the claimants was only successful to a very limited extent. That result, to a very large degree was due to the significant assessment made by the experts in apportioning a percentile responsibility in respect of specified areas of water damage, an assessment which only became available towards the conclusion of the adjudication hearing 6 20. As submitted on behalf of the claimants that while considerat...
...the basis of his written submissions and the written and oral submissions of the Ministry. [5] Mr XXXX says that he gave the Ministry the correct information about his work and rate of pay. Therefore he argues that any overpayment is not his responsibility. Mr XXXX states that he was completely honest and cannot afford to repay the amount in issue. He also says that he has a back injury, works part-time, and is on the minimum wage. The Ministry’s position [6] The Section 1...
...establishment of Te Oneroa a Tōhē Board comprising representation of all four iwi and the Northland Regional Council and Far North District Council. The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, Te Oneroa a Tōhē management . The Board is responsible for preparing a beach management plan that identifies the vision, objectives and desired outcomes for Te Oneroa a Tōhē management 3 area. The Bill also establis...
...summons under s 24(2) does not fall within the scope of s 23(4) BORA, because the person is not being detained under the 1988 Act "for any offence or of suspected offence" as the terms of s 23(4) BORA require. Accordingly, any answers given in response to an order to produce or summons issued by the PCA did not have to be preceded by a warning as to the right to silence. 7. In any event, even if s 23(4) BORA were thought to have been triggered, this office and the Ministry of...
...intend to. [15] The Tribunal has found Mr Spark’s was not sufficiently careful in ensuring his practice complied with the requirements of the Code. As the senior licensed immigration adviser in his practice, and effectively the proprietor, he was responsible for ensuring he understood the requirements of the Act and the Code, and applied them correctly. In addition to the obvious public interest elements in proper compliance, Mr Sparks ought to have been mindful of his obligations to...