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...CI0301_CIV_DCDT_Order Page 2 of 3 7. I accept the comparable invoices from similar jobs carried out by D Ltd. They are consistent in pricing with NM’s job. Referee: S Connell Date: 3/4/2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply...
...description). 11. Because I am unable to find any breach of the guarantees in the CGA, the claim is dismissed. It is not necessary to consider the second issue. Referee: M Wilson Date: 1 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...
...without evidence to allow me to reconcile the difference in the two possibilities, KX’ case is not proven. Therefore, I must dismiss her application. Referee: C. D. Boys Date: 8 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...
...acceptable quality, and thus she is liable for the cost of the visit to the vet. 9. The visit to the vet cost $110.00, and this is the amount MA must pay. Referee: M Wilson Date: 18 April 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...
...Guarantees Act that relate to the damage to their possessions, as this must be considered under the CCLA. 11. For these reasons, the claim is dismissed. Referee: DTR Unasa Date: 19 January 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...
...basis of an error made in the advised height of the colt. 2. BD filed a claim seeking the final payment of $500.00. 3. The issues to be resolved are: (a) Was a misrepresentation made about the height of the colt? (b) If so, did this information encourage the purchase? (c) Did the loss equal or exceed $500.00? Was a misrepresentation made about the height of the colt? 4. I find that BD inadvertently misrepresented the height of the colt. I have reached this conclusion...
...like” in responding to Mr N’s original insurance claim. What sum, if any, must BN pay to Mr N? 11. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed. However, the innocent party cannot recover loss that could have been avoided by taking reasonable steps to mitigate the loss, such as accepting a lower comparable quotation. 12. Mr N is entitled to a vanity of comparable quality and fi...
...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo....
...is to be paid to JM. JM has said that it will refund the excess to TI if it is successful in this claim. Therefore, all costs claimed have been paid by JM. Referee: W Lang Date: 15 July 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...
...He said the Council monitors the growth of its build-outs and disagreed that this one was overgrown. In preparation for this hearing, he visited the site and took some photos which he provided, and considered there was no need for the Council to perform any remedial work to the vegetation. 5. NN agreed that there was some reduced visibility, but only for a small vehicle approaching that corner. The purpose of the build-out was to create some partial obstruction, and they were used all...