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IN THE WEATHERTIGHT HOMES TRIBUNAL TRI- 2009-100-000039 BETWEEN BRUCE HAMBLYN and SUSAN HAMBLYN Claimants AND AUCKLAND CITY COUNCIL First Respondent AND EVAN VAUGHAN Second Respondent AND C.T. VAUGHAN (2003) LIMITED Third Respondent Hearing: 14, 15 October 2009 Appearances: Bruce Hamblyn and Susan Hamblyn D. Barr for the first respondent No appearance for second and third respondents Decision: 6 November 2009 FINAL DETERMINATION Adjudicator: S
...plaintiff’s proposed interrogatories. Interrogatories [13] Questions of relevance and, to some extent at least, of privilege and confidentiality of documents and evidence, are determined by reference to the pleadings, that is the statements of claim and defence setting out the issues that the Court must determine. The latest pleading filed for the plaintiff is her first amended statement of claim filed on 11 April 2014. The plaintiff’s causes of action are as...
...for damages where a party to a contract “has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made to [that party] by or on behalf of another party to that contract”. In law, a misrepresentation is a false statement of past or present fact. 7. Public answers to questions about goods on a TradeMe auction can generally be considered as statements made to all potential purchasers, not only to the trader who asked the question. DB was entitled to tr...
...CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 677 APPLICANT BV RESPONDENT U Ltd The Tribunal orders: U Ltd is to pay BV $24,550.00 within 28 days. Reasons [1] BV claims that U Ltd, represented by CS, is obliged to cover him under the insurance policy that he holds with [an insurance provider] for the value of his [Car] that was irreparably damaged in a crash. U Ltd has declined to pay...
...associated with the investigation.2 She challenged both determinations and sought reinstatement to her position, compensation for lost remuneration, and compensation of $40,000 for alleged humiliation, loss of dignity and injury to her feelings. A claim was also made for special damages for legal fees incurred during the Trust’s investigation of her. [6] The Trust does not accept that its actions in suspending and dismissing Ms Henry were unjustified. The legal test [7] M...
...Attorney-General No. 3 (Costs) [2019] NZHRRT 11.] 2 Introduction [1] In a decision given on 17 January 2019 these proceedings were struck out as against all three defendants on the grounds: [1.1] There was no foundation in the facts pleaded in the statement of claim to support the allegation by Mrs Apostolakis that, through the actions of the defendants, she had suffered discrimination on the grounds of family status or on any other ground. [1.2] The claim was a collateral att...
...REPRESENTATION: Ms S Muir in person Mr T Zhou in person (did not attend) DATE OF HEARING: Heard on the papers DATE OF DECISION: 30 November 2022 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 INTRODUCTION [1] Ms Muir’s statement of claim was filed with the Tribunal on 10 September 2019. Ms Muir alleges that Mr Zhou breached Information Privacy Principles 1, 2, 3 and 4 in secretly looking at, or recording, Ms Muir and her friends. 1 [This decision is to be...
...and he would sell to the first person who agreed to buy and paid for it. He told the Tribunal he was not a mechanic, and he did not and would not know if it had existing problems. 9. For there to be a misrepresentation OB needed to have made a statement (oral or in writing) about the condition of the [vehicle] that was incorrect during the course of the contract negotiations and that incorrect statement, or statements induced NM to purchase. Neither party had a copy of the original [o...
...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 83 APPLICANT NQ APPLICANT SS RESPONDENT QG SECOND RESPONDENT NC THIRD OR SUBSEQUENT RESPONDENT E Ltd The Tribunal orders: 1. The claim against QG and NC is dismissed. 2. The monetary claim against E Ltd is dismissed, however the Tribunal refers to the finding and acknowledgements given in paragraphs 9 and 12 of this order, should any further action be required in the...
...Authority directions and regulations and, therefore, facilitated its investigation. • The Authority found that the plaintiffs together failed on a number of occasions to participate in its investigation process including failing to lodge a statement in reply to the statement of problem in the time allowed to do so, failed to attend a preliminary conference as directed on 2 March 2007, failed to attend a re-scheduled preliminary conference on 12 March 2007, and failed to attend t...