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Search results for statement of claim.

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  1. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

    Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000060 [2011] NZWHT AUCKLAND 21 BETWEEN CHUN HEE RYANG Claimant AND AUCKLAND COUNCIL (FORMERLY NORTH SHORE CITY COUNCIL) First Respondent AND DAVID LEE Second Respondent AND THEOTESTO REYES Third Respondent AND PLASTER DEVELOPMENTS LIMITED Fourth Respondent AND PATON ROOFING SERVICES LIMITED Fifth Respondent AND WISE & ASSOCIATES LIMITED Sixth Respondent AND RUSSELL MATTHEWS

  2. Rafiq v Department of Internal Affairs [2013] NZHRRT 11 [pdf, 56 KB]

    ...withheld under s 27(1)(c) of the Privacy Act . [18] The Privacy Commissioner determined that the Department of Internal Affairs had good reason to withhold the information under s 27(1)(c) and found no breach of Principle 6. [19] Mr Rafiq filed his statement of claim with the Tribunal on 10 November 2011 and the Department’s statement of reply followed on 20 December 2011. By Minute dated 23 December 2011 the Chairperson directed (inter alia) that a written statement of the evidence...

  3. What to expect in the courtroom

    ...before you appear in court. This is to ensure that everyone is aware of your need for an interpreter and the courtroom is set to accommodate the interpreter. You and the other party should provide the interpreter with a copy of each of the following: the statement of claim the statement of defence the names of witnesses. Foreign languages If you will need an interpreter for a foreign language, you should tell the court at least 10 working days before you appear in court. If you don’t give e...

  4. [2021] NZEnvC 098 Maungaharuru-Tangitu Trust v Hastings District Council [pdf, 4 MB]

    ...exist. That will likely involve a consideration of particular activities, and the consequences of the proposed provisions.7 • Whilst it is ultimately a matter for this Court, it seemed to the High Court that Policy 64 of the Regional Policy Statement may be of particular moment. It states that "Activities should not have any significant adverse effects on wahi tapu, or tauranga waka". 8 [3] The High Court said that the key difficulty with this Court's conclusions...

  5. UO v HE [2022] NZDT 189 (12 October 2022) [pdf, 109 KB]

    ...As this was a private sale of second-hand goods, the sale of goods provisions of the Contract and Commercial Law Act 2017 (CCLA) apply. 12. The only recourse a purchaser has is if the seller misrepresented the goods. A misrepresentation is a statement of fact about the goods that is untrue at the time the statement was made. 13. If the purchaser has not inspected the goods prior to the purchase, as is common with online purchases of second-hand goods, the purchaser has the opportu...

  6. [2017] NZEmpC 32 NZ Meat Worker & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 107 KB]

    ...be necessary to make reference to some of the conclusions reached in that instance, later in this judgment. 6 Submissions [10] The essence of the submissions made by counsel for AFFCO, Mr Williams, was that the plaintiffs in advancing their claims would be relying on judgments of this Court which are subject to appeal. Those judgments are a decision of the full Court issued on 18 November 2015, 7 (the full Court judgment), and a subsequent remedies judgment issued on 11 Februa...

  7. Boyce v Westpac NZ Ltd [2015] NZHRRT 41 [pdf, 90 KB]

    ...incorrect for Mr Boyce to say that team leaders were not required to provide a copy of the bank statement for their card, that team leaders could spend the money as they saw fit and that team leaders could use the cards as their own. As to Mr Boyce’s claim that the money could be withdrawn and held as petty cash Ms McCondach said Strettons had a well established system for petty cash and the funds paid into the debit card accounts was not intended to provide an alternative to that syst...

  8. FI v CI [2021] NZDT 1651 (8 November 2021) [pdf, 204 KB]

    ...the cause of damage to FI’s dog? c. Was the damage to FI’s dog a foreseeable result of the altercation between the dogs? d. Did FI have a duty to minimise her losses? e. Is CI responsible for the costs of both surgeries? f. Are the costs claimed reasonable? 3. Any applicant to the Tribunal has the task of establishing the legal and factual elements of its claim to the required standard. That standard is the balance of probabilities which means that it is more likely than not...

  9. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

    ...trade when he hired the generator and was not being paid for his services. I Ltd queried that scenario, given he runs a business doing the same kind of work he was doing for the event, but there is no tangible evidence to prove or disprove EU’s statement either way. However, EU has written in his original claim narrative “The incident laid out below occurs during the set-up of a party I was personally involved with setting up, not professionally. However my skills in this area are...

  10. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

    ...filled from 16 January 2017. While there was a transition, during which Mr Johnston assisted the new manager to become familiar with the job, this appointment ended the secondment. The pleadings [26] Against that background the second amended statement of claim pleaded seven causes of action. The first three were alleged breaches of contract being: a failure to comply with the redundancy provisions in the employment agreement; a breach of an implied term not to damage Mr Joh...