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Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 381 APPLICANT KK RESPONDENT HL The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2023, HL advertised his [car] for sale on [online platform]. 2. On 9 April 2023, KK contacted HL saying she was interested in the car. 3. HL drove to KK so she could look at and test drive the car with the assistance o...
...that perceived conflict of interest. [20] Through her counsel, Ms Atia contended there was no actual conflict of interest. Having referred to the attempt on Ms Atia’s part to solicit funds for her own purposes from her client, counsel went on to claim the Registrar had failed to identify any conflict of interest in the statement of complaint. [21] The submission continued with an argument which appears to contend that Ms Atia’s involvement in her client’s business affairs, and...
...Mr Watson's application I have concluded as follows: • Mr Guy Wallace's identification of Mr Watson: Mr Wallace's new identification evidence does not meet the test for fresh evidence; nor is it as significant as Mr Watson has claimed in his application, particularly in light of the evidence Mr Wallace gave at trial. Further, none of the other information provided since my interim advice relating to Mr Wallace's identification evidence (namely matters relatin...
...of which at least were brought to the meeting by the lawyer and other files which were alluded to by him at the meeting. [35] The evidence adduced does not support, at least strongly, the plaintiff’s contention that the disclosures that he claims he was required to make to L Limited would have deprived him of the presumption of his innocence, of “his right to remain silent” and his claim that he would have been “faced with a set of one-sided allegations which he would be u...
Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 116 APPLICANT D Ltd RESPONDENT C Ltd (NZ) The Tribunal orders: 1. The claim is dismissed. Reasons: 1. D Ltd operates [holiday accommodation] in [Town]. It uses C Ltd (Int) as one of its booking platforms. Within the [holiday accommodation] are 21 separate apartments, each listed separately on C Ltd (Int) as each apartment is individually owned....
...evidence by telephone, or other audio or audio-visual link, any charges must be borne by the party calling the witness. [12A.8] All witnesses (including those giving evidence by telephone, or audio or audio-visual link) must provide a signed statement or, if unavailable, counsel should prepare a written brief of evidence, in advance of the hearing in accordance with [14] below. If giving evidence at a distance, the witness is expected to confirm: 19 (a) their identity...
...solicitors. [7] Some 3 months after proceedings were commenced in the Authority, an “Amended Statement of Claim” was filed but this was solely for the purpose of changing the remedies sought. [8] Proceeding in the Court on the basis of statements of this kind is far from ideal. The initial correspondence between the parties inevitably intermingled allegations of fact, propositions of law, and statements of evidence said to be in support of both. While this appr...
...Although B Ltd seems to have made the initial disclosure for each loan correctly, it failed to comply with some of the requirements for continuing disclosures. 11. Every six months from the start of each loan, B Ltd issued a Continuing Disclosure Statement. While most of the required information was included in these statements, B Ltd failed to disclose the annual interest rate or rates during the statement period, expressed as a percentage or percentages (CCCFA s 19(1)(h)) in its continu...
...mortgage. The purpose of this documentation was to enable ACZ to call on the undrawn portion of the new TSB loan to enable the costs of $9,000 (and any further costs) to be paid to Ms IS. [16] In addition, Ms IS was entitled to lodge a Notice of Claim against the property pending payment of these amounts. The agreement provided that this was to protect her “beneficial interests” in the property and also acknowledged that the Notice of Claim provided security for any further co...
...certain allegations. 2 [2006] ERNZ 1. 3 [2010] NZCA 93. [6] I accept that the current contents of [4]-[5] of the judgment set out what was pleaded in the plaintiff’s second amended statement of claim but which pleading was directed to be deleted in a further amended statement of claim that the plaintiff was directed to file. The events related in [4]-[5] of the judgment are not appropriate to a statement of the plainti...