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CI0301_CIV_DCDT_Order Page 1 of 9 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 261 [Claim 1] APPLICANT X Ltd RESPONDENT Q Ltd [Claim 2] APPLICANT BE, CI and QD Trustees of LG Trust RESPONDENT Q Ltd The Tribunal orders: 1. The claim by X Ltd against Q Ltd is dismissed. 2. BE, CI and QD, as Trustees of LG Trust, are not liable to Q Ltd under Clause 5 of the Deed of Settlement dated 5 July 2022....
...Director-General of Social Welfare v The Disputes Tribunal [1999] 12 PRNZ 642. 11. The jurisdiction of the Disputes Tribunal is defined by sections 10 and 11 of the Disputes Tribunal Act 1988. Section 10 states that the Tribunal has jurisdiction to hear claims that are founded in: (a) Contract or quasi-contract; (b) Tort, in respect of the destruction, damage, or recovery of physical property; (c) An enactment that confers jurisdiction or powers on the Disputes Tribunal. 1...
...plaintiff has applied for urgency in respect of the application for injunctive relief which has been made on notice. Such urgency has been granted and timetabling was set to enable the defendant to respond to the application and if possible, file a statement of defence. I record that the defendant has been able to plead and has filed a statement of defence, notice of opposition and affidavits in support. Background [7] The parties to the dispute are currently engaged in collecti...
...file, we may have the right to assert a lien until such time as the account has been cleared and we can refuse to release said file unless and until our final invoice is paid in full. [24] On 29 April 2014, Ms ND wrote to (debt collector) seeking a statement of the total debt owed by the respondent and again to the ex-husband’s lawyers requesting his proposal for division of relationship property. 5 [25] There is no evidence on the file that any of Ms ND’s correspondence wit...
...proceeding. Chief Judge Colgan then issued a minute confirming that the challenge would be regarded by the Court as a non de novo challenge in terms of s 179 of the Employment Relations Act 2000 (the Act). On 9 December 2011, Ms Gini filed a statement of defence which included a cross-challenge seeking, inter alia, an increase in the quantum of the Authority’s awards for both her economic and non-economic loss. [4] The matter was then referred to mediation. On 30 April 2012, t...
...underwritten by IAG. This policy provided top-up cover for damage due to a natural disaster beyond the cover provided under ss 18 and 20 of the Earthquake Commission Act 1993 (the ECA), defined in the policy as EQ Cover. [2] RT lodged insurance claims with both EQC and IAG following the CES. [3] Between 2011 and 2013, EQC engaged Fletcher Earthquake Recovery (EQR) to undertake repairs to rectify the earthquake damage to the property. The applicant disputed the quality of t...
...disputed. Ms Rookes’ application [13] On 16 October 2024, Ms Rookes applied for leave to extend time for her to challenge the determination. The application was supported by a brief affidavit and 6 At [45]. 7 At [50]. draft statement of claim. That draft proposes to uplift compensation under s 123(1)(c)(i) of the Act to $25,000 and to overturn the conclusion that the 90-day trial provision was lawful and could be relied on. [14] With commendable frankness Ms Roo...
...Further, she alleged that Te Whatu Ora failed to consider whether there were any reasonable accommodations available even though it had reached a view that Mr Johnston was unable to perform his role. [7] Subsequently, Mr Johnston lodged a statement of problem in the Authority. In its statement in reply, Te Whatu Ora claimed that the notification to OTBNZ could not be challenged as no personal grievance had been raised in relation to it and that there was no causal link be...
...the hearing, he did email the Registrar to state he would not be attending and that he was not in [City] at the date of the incident. LN also disputes that he is captured in the photos the CCTV photographs. 8. I have also considered the sworn statements of two police officers. The first statement notes that the persons who hired the scooters activated the scooters at the [X Shop]. [X Shop] also had CCTV footage of the two males who hired the scooters, these matched the CCTV photograph...
...any work required on the vehicle was innocently made, is no defence under the Act. [10] The courts have outlined clearly what amounts to a misrepresentation. A misrepresentation is to be understood in its established sense of a false or erroneous statement of fact. Induced means that the respondent intended the applicant to act in a particular way or that she wilfully used language calculated, or of a nature, to induce a normal person in the circumstances of the case to act as the applican...