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...[2] The applicant pursued a personal grievance alleging unjustifiable dismissal but, in its determination dated 5 September 2013,1 [3] The applicant decided to challenge the Authority’s determination. To do so as of right, he had to file a statement of claim in the Court within 28 days after the the Employment Relations Authority found that the dismissal was justifiable. 1 [2013] NZERA Christchurch 186. date of the det...
...strike out [1] The plaintiff, Mr Martinsen, has challenged a determination of the Employment Relations Authority that found that Mr Martinsen’s dismissal by the defendant, Target International (NZ) Ltd (Target), was justified.1 [2] In his statement of claim, Mr Martinsen refers to a telephone discussion between him and Mr Bielby, the Managing Director of Target, on Friday 14 July 2017. The conversation Mr Martinsen refers to in his statement of claim included a proposal...
...given was the sale of the dwelling. He was notified by the WHRS of the closure of the claim on 8 October 2008. [24] Another assessor’s report was issued on 11 March 2009. [25] The council issued a notice to fix on 11 January 2010. 15 Statement of Claim (11 November 2020), “Chronology of Events”. 16 Assessor’s eligibility report (5 September 2008) at [10]. 7 [26] On 19 August 2010, the council issued building consent for repairs. The designer was Mr Foley...
...14 General Damages ..................................................................................... 14 THE LIABILITY OF THE AUCKLAND COUNCIL ......................................... 15 Did the Council Receive and Rely on the PBS Producer Statement? ....... 17 THE LIABILITY OF MODERN HOMES DEVELOPMENT LIMITED ............ 19 THE LIABILITY OF MR ANDREW THOMAS, THE THIRD RESPONDENT 20 LIABILITY OF PBS DISTRIBUTORS LIMITED ............................................ 22 The Clai...
...caused by an epileptic seizure. As a result, he lost control of his vehicle, and hit a parked car belonging to ACJ. [2] The damage to ACJ’s vehicle cost approximately $3,264.20 to repair. [3] ACJ and his insurer, GF Insurance Ltd, filed a claim seeking repayment of this sum from ZXV. ZXV also filed a claim seeking a declaration that he was not liable for the costs. [4] ZXV did not dispute that the incident occurred, but defended the claim on the basis that he should n...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 410 APPLICANT NN RESPONDENT C Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2023, NN purchased a [electric bike] from C Ltd in [City]. NN says the assurance from sales staff that the bike was also able to charge his phone was a critical factor in his purchase. NN quickly discovered however...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 410 APPLICANT NN RESPONDENT C Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2023, NN purchased a [electric bike] from C Ltd in [City]. NN says the assurance from sales staff that the bike was also able to charge his phone was a critical factor in his purchase. NN quickly discovered however...
...should be progressed in this Court or the High Court. The Employment Court proceedings [11] The Employment Court proceedings necessarily encompass the proceedings in the Authority which were removed to this Court. The plaintiff has now filed a statement of claim in lieu of its statement of problem in the Authority and it is this statement of claim dated 24 August 2011 that sets out the nature of the proceedings. The plaintiff’s original statement of problem from which the stat...
...MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 147 EMPC 286/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for leave to file amended statement of claim BETWEEN CAROL BAKER Plaintiff AND HAURAKI RAIL TRAIL LTD First Defendant AND MAURICE BARNETT Second Defendant AND PETER MAYNARD Third Defendant Hearing:...
...needed to be commenced expired on 12 October 2020. Juyi’s own challenge was filed on 7 October 2020, but not served on Mr Pan until 31 October 2020. Initially, he had decided not to bring his own challenge. After he was served with Juyi’s statement of claim, he changed his mind. By then he was out of time. Further, as a migrant, he has difficulties with the English 3 At [26]. language. Consequently, he did not prepare the necessary documentation until 27 Nove...