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...above). Conclusion 23. For the reasons above JH and TH’s claim is unsuccessful and must be dismissed. CI0301_CIV_DCDT_Order Page 4 of 5 G Jaduram Disputes Tribunal Referee 07 July 2025 Page 5 of 5 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 re...
...April 2024 Held at: Hamilton District Court Appearances: L Wilkie for the Appellant C Houlahan for the Accident Compensation Corporation (“the Corporation”) Judgment: 9 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for deemed cover – s 58; suspension of weekly compensation - s 117, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 June 2022. The Reviewer dismissed an a...
...three interlocutory hearings over the course of six months. Disclosure was a substantial burden for IR’s counsel, as well as its discovery team. On the other hand, the plaintiffs failed to disclose relevant documents, which required follow-up requests. [12] An application to have Madison joined, although not initially opposed by the plaintiffs, was subsequently when it was argued Madison should be joined as a third party rather than as a defendant. Again, affidavit evidence, sub...
...April 2024, the engagement became a general agency until cancelled by one calendar month’s written notice by either party. The listing agent was UH. On 17 November 2024, the Applicant put the listing for the Property up on various advertising platforms, as agreed between the parties. 2. On 31 January 2024, Mr M of the Respondent sent an email to UH asking for the listing to be withdrawn, and UH confirmed this on 2 February 2024. Mr M believed that the sole agency was then cancelled,...
...evidence presented OX’s vehicle was parked in the carpark for no more than 5-10 minutes. I find the $95.00 he has paid is more than sufficient compensation. Was OX a party to a contract in parking where he did? 8. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 9. QT’s letter infers there was a contract between the parties. The letter states...
...resolves an application by the first plaintiff, Mr Halse, for judgment by default against the defendant, the Hamilton City Council. The application is made on the ground that the Hamilton City Council has failed to file a statement of claim. [2] For the reasons explained, Mr Halse’s application is dismissed. It could have been struck out. Mr Halse challenges a determination of the Authority [3] Mr Halse is dissatisfied with a determination of the Employment Relations...
...to IL. Furthermore, if this was not the case, BX contends that IL was not introduced to the property by FF Ltd. Issues: Does clause 5.1.3 of the Sole Agency agreement between BX, TD and FF Ltd provide for the payment of a commission form the 27 January sale of the property by BX to IL, to FF Ltd? 6. Clause 1.0 of the Sole Agency agreement lists ‘TD + BX’s, as joint owners of the property as ‘the Client’ who appoints FF Ltd as the client’s real estate agent for...
...District Court [2023] NZDT 428 APPLICANT EQ RESPONDENT G Insurance The Tribunal orders: G Insurance Limited is to pay EQ the sum of $30,000.00 on or before 3 October 2023. Reasons: 1. In May 2022 the council performed a pool safety inspection on EQ’s swimming pool and failed it due to the fencing. EQ was required to empty the pool until the fencing was repaired. EQ emptied the pool on 28 May. On 11-13 June there was a heavy rain event, the pool li...
...to see any such evidence, no amount is awarded in regard to this part of the claim. 14. HO is to pay IX $1,200.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: M Wilson Date: 28 February 2024 Page 4 of 4 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...
...that it cannot lawfully be driven on the road. LG claims a refund of the price he paid, and compensation for the parts and labour he expended on the vehicle. [2] LG said that he bought the vehicle after seeing it advertised on [an online selling platform]. The purchase price was $15,500.00. At the time of the sale, HX gave him a copy of a LVVTA Rectification form, which set out the work that was needed in order for the vehicle to be certified as roadworthy. A number of items were listed...