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Claim No: 1092 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim Between Auckland City Council (as assignee) Claimant And David Irwin First respondent And Paterson Cullen Irwin Limited Second respondent And Stuart Brentnall Third respondent And S J Brentnall Limited Fourth respondent And Carl Ruffels Fifth respondent And Auckland City Council Sixth respondent Par...
...compensation of $1,500.00 because he believes it was only worth $6,000.00 at the time of purchase. 3. The issues to be decided are: a) Did ST misrepresent the mower by saying it was 5 to 6 years old and it had always been serviced? If so, were these statements a significant factor that induced HB to enter into the contract? b) Is HB entitled to claim compensation of $1,500.00? Did ST misrepresent the mower by saying it was 5 to 6 years old and it had always been serviced? If so...
...[8] Employsure sought costs of $12,786.50 calculated by using the steps in the scale amounting to 5.35 days. In addition, it sought costs for the time and effort taken to prepare the application for costs. [9] Mr Halse submitted that the costs claimed by Employsure should only be for four days under the scale; which would mean a potential costs exposure for Mr 2 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 3 “Employment Court of New Zealand Pra...
...APPLICANT CX RESPONDENT EN The Tribunal orders: EN is to pay CX $3,502.94 by 18 March 2025. Reasons: 1. In or about August 2024, CX bought a [vehicle] from EN through [a website]. He says the vehicle was misrepresented, and he claims compensation of $3,502.94. 2. The hearing was by teleconference. EN did not attend the hearing. Two calls to his mobile number went to voicemail. The absence of a party does not prevent the hearing from going ahead. Law 3. The law...
...member of the board, and subsequently ratified by it. It may be inferred, therefore, that the board was aware of the circumstances surrounding the purported dismissal within two days of it having taken place. [19] Next, there is a more detailed statement on kura letterhead and over the name of the poutoko dated 20 February 2007 under the heading “DISMISSAL OF JOHN EDMONDS”. This includes Mr Bird’s recording: 12. I called [Mr Edmonds] to the office and with the Poumua [no tr...
...the principles developed by the courts for the award of loss or damage under the Fair Trading Act 1986 (the FTA).7 [23] Under the FTA, a broad and pragmatic approach is taken to determining whether there is a causal connection between the losses claimed and the contravening conduct:8 It is always necessary for the plaintiff to show a sufficient nexus between the loss or damage claimed and the contravening conduct. Section 43(1) speaks of a person having suffered, or being likely to...
...Registrar. Consistent with those finding, the Tribunal found Ms Navarette-Scholes probably did maintain a complete file, but withheld part of it from the Registrar to support her dishonest explanation. The issues [5] The allegations in the Registrar’s statement of complaint are that Ms Navarette-Scholes breached aspects of her professional obligations. The key elements are: [5.1] That Ms Navarette-Scholes failed to perform services; [5.2] She did not maintain complete records; and...
...Sawyer’s application, and certain passages in her supporting affidavits, waive the professional privilege she has in communications with her counsel at that time, Mr Greg Lloyd. Dr Sawyer says she has not waived her privilege. The consent [4] A statement of problem was filed in the Authority on 21 February 2017 in which the Vice-Chancellor sought an order for compliance against Dr Sawyer and penalties.3 That proceeding relied on the enforceability of a 2014 record of settleme...
...disbursements. 2 Execution of that costs determination was later stayed by the Court. 3 [6] Mrs Gazeley filed challenges to the determinations. She sought a de novo hearing. She had also previously applied unsuccessfully for interim reinstatement. 4 The pleadings [7] The final form of pleadings consists of an amended statement of claim dated 3 May 2013 and a statement of defence to amended statement of claim dated 31 May 2013. The statement of claim is a substantial doc...
...Adversely Affected Fabricating Mana Whenua: 1. Ngatiwai Whakapapa; 2. Rehua of Kawhia Whakapapa; 2016 Chief Judge’s MB 768 3. Whetu McGregor & others Whakapapa. h) Document “Index 3” with attachments: 1. Supporting statement; 2. Exhibit “A” - MB ref 25 AT 212-242 (pages. 213, 220, 227, 234, 235); 3. Exhibit “B” - Whetu McGregor statement - page. 4; 4. Exhibit “C” - Whiti McMath statement - page. 1 & 14; 5. Exhibit ...