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CLAIM NO: 3483 UNDER the Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN JAMES RICHARD MORTON and JENNIFER DIANE MORTON Claimants AND MICHAEL MARSHALL First Respondent Hearing: 13 February 2006 Appearances: Mr & Mrs Morton in person No appearance by Mr Marshall Determination: 16 June 2006 DETERMINATION INDEX Background .............................................................
...recorded in her notes of the meeting for the commencement of the meeting and for some of the breaks taken during the meeting. It would appear, however, that perhaps another hour passed before Mr Gaut suggested to Ms Popham that she should obtain statements from two other employees who were working at the time, Ms Deanne Hamilton and Ms Lucy Johnson. Both Ms Hamilton and Ms Johnson were called at their home by telephone and asked to come to the service station. Ms Popham then re...
...one nominated by the Employer and the other by the Employee; If the Employee declines to undergo the medical examination as required by the Employer, can the Employer stop salary payments to the Employee? [6] Counsel for AUT, Ms Swarbrick, claimed in her submissions that none of the questions posed by the applicant are important questions of law that will arise other than incidentally. Ms Swarbrick also stressed the fact that the parties are in an ongoing employment relationshi...
...dialogue will enhance the value of the report when it is published in its [mal form. The views contained in the report are those of the author and are not those of the Waitangi Tribunal, which will receive the final version as evidence in its hearings of claims. Other district reports have been, or will be, published in this series, which, when complete, will provide a national theme ofloss ofland and other resources by Maori since 1840. Each survey has been written in the light of the o...
...server’s report to Ms BJ and Ms YL the following day included an “accompanying” photograph. [9] The claimant instructed Ms BJ on 13 October 2016 “to issue liquidation proceedings” for “non-payment of the demand”. On 27 October 2016, the statement of claim, notice of proceedings, and verifying affidavit prepared by Ms BJ were filed in the High Court at Nelson. [10] Service of those proceedings was made on Mr VR’s company on 11 November 2016. Mr VR’s company re...
IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-000013 BETWEEN MOHAMMED REZA-REZAEI ABYANEH and KEVIN WAYNE HARBOURNE as trustees of the REZAEI ABYANEH FAMILY TRUST Claimant AND AUCKLAND CITY COUNCIL First Respondent AND ASAD ALI Second Respondent AND SAID HAROUN ALI Third Respondent AND MOHAMMED FAROOK Fourth Respondent AND H C SENIOR AUCKLAND LTD (in Liquidation) Fifth Respondent Hearing: 29 & 30 April 2008 1, 2, 21 May 2008 18 June 20
...claimants have relied on Mr Biggelaar’s report as evidence of the location and cause of the leaks, the scope of repairs required to remedy the defects and the damage, and the cost of remedial work. [4] The claimants’ brief of evidence and statement of claim sets out the history of the original work and the claimants’ attempts to remedy the leaks. The total amount claimed is $72,467.20. This sum calculated as follows: $35,923.64 for repairs completed and $10,864.00 f...
...LIMITED Second Defendant Hearing: On the papers Appearances: G La Hood, counsel for plaintiff G Davenport, counsel for defendants Judgment: 25 September 2023 CONSENT JUDGMENT OF JUDGE B A CORKILL [1] In the statement of claim filed by the plaintiff in this case, it sought declarations under s 6(5) of the Employment Relations Act 2000 (the Act) in respect of three individuals, one of whom was Stuart Balchin. It was alleged he was an employee o...
...would cause stress to David it requires only a simple blood sample and would stop any further wasting of the Court’s time and resources. I urge the Court to request this quickly while my mother is still in good health.” [18] Maarea futher claimed that she did not intend to mislead the Court when she applied for succession in 2006. She states “I expressed the wishes of my father as he asked me to do in February 2002… He asked me to make sure that David didn’t inherit any of...
...19 January 2024 (Wai 3300, #2.5.5) This presentation will outline our proposed inquiry design and how we developed it. Why we are rethinking the inquiry process The Tribunal has wide discretion as to how it decides to inquire into the claims that come before it. For a variety of reasons, existing Tribunal process is largely based on Western litigation practice. It has evolved to become legalistic and adversarial. This involves formal hearings where lawyers do most of th...