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...9. LB and the Tribunal are persuaded that CX was not the seller and the claim must be dismissed. Referee: L. Mueller Date: 18 December 2023 Page 2 of 2 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
...exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. 4. The claim must therefore be dismissed. Referee: E Paton-Simpson Date: 24 May 2024 Page 2 of 2 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...
...breach of vendor warranty under the sale and purchase agreement? 9. The sale and purchase agreement was not before the tribunal, but the standard ADLS agreement was used for the sale. Accordingly, the law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 10. The standard...
...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...
...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...
...replacement of the spark plugs and cam belt. This claim is therefore dismissed. Oil leak 18. SC said that DT Ltd found an oil leak and replaced the rocker cover gaskets. He claims that CX knew it had an oil leak and he withheld that information from him. He relies on the phone conversation he had with IJ in which IJ mentions an oil leak from the sump which he thought was caused by the purchaser hitting something. SC claims that this meant that CX must have known that the vehi...
...adjudication proceedings (1) The tribunal may do any or all of the following things in relation to adjudication proceedings or the parties to them: (a) conduct the proceedings in any manner it thinks fit, including adopting processes that enable it to perform an investigative role: (2) The tribunal also has the powers specified in Part 2 of Schedule 3. [6] The Tribunal can hear this claim against the sixth respondent pursuant to these statutory provisions. [7] The matte...
...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity Fe...
...refundable to LA? 12. For the reasons given above, I find that KZ is liable to pay $900.00 to LA and the balance of the claim and the counter-claim are dismissed. Referee Perfect Date: 14 November 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...
...was sufficient proof that a lose towbar was responsible for the second bike rack failing and needing to be replaced. 19. Mr Z said that those kind of towbars need a specialised ball system which he described. He said that the using a mathematical formula which is an acceptable way to work out load capacity, the downward pressure on the bike rack was too great. 20. He said that while he does not dispute that the bike towbar became lose and demonstrated unacceptable movement, the rea...