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...set out in section 10 of the Disputes Tribunal Act 1988 and does not provide for such a claim to be heard by it. Referee: L Thompson CI0301_CIV_DCDT_Order Page 3 of 4 Date: 11 May 2023 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...
...rights, it appears that D Ltd would be able to estimate the lost measurements back to the point at which it first went wrong. However, in practice, this is not how this is usually calculated. In the hearing today, TB from D Ltd said there was an informal “365 days maximum” policy which D Ltd applies for the benefit of the customer; that only the last year would be estimated and recovered, unless there was evidence of deliberate fraud. In this instance that meant that only the final 12...
...not disposed of and therefore it is fair that the loss, if any, lies where it falls. As KB has not proven his claim it is dismissed. Referee: Ms Cowie DTR Date: 25 July 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 a reh...
...sending him the final costs. He said that he wanted to get the claim resolved as soon as possible, but by the time that J Ltd sent him the final cost his circumstances had changed, and he was no longer able to pay. 12. The timeframe from J Ltd informing UQ that he was being held liable to J Ltd sending UQ the final repair costs was three months. Even if UQ could establish that this is an unreasonable or excessive delay, I do not see how this has any effect on UQ’s legal liability fo...
...cross- claim was essentially a claim for costs incurred in preparing for a hearing, and the tribunal does not have the jurisdiction to award such costs. Referee: John Hogan Date: 22 July 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 r...
...following issues were identified to determine the claim: a. Has OM Ltd breached a contractual obligation? b. If so, is TO entitled to be compensated for the loss he has claimed? Has OM Ltd breached a contractual obligation? 4. A contract is formed when two parties exchange promises that they intend to be legally bound by. When a customer takes a good they wish to purchase to a till, they are making an offer to the seller. The seller accepts that offer when the agreed price...
...insurance cover in breach of underwriting instructions. Mr Fearnley confirms that six of the 29 claims were identified as being in breach of the underwriting instruction; the others were identified as being compliant. He confirms that all documents requested by the plaintiff in relation to the residual 23 claims have been disclosed, whether assessed as relevant or not. Mr Fearnley also confirms that he has carefully reviewed each of the six claim files and has disclosed, with his...
...caused during the tenancy and not a figure to improve the tenancy, for instance the quote to clean carpet preferred to the quote to replace carpet. Referee: P McKinstry Date: 19 August 2022 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...
...liable for 80% of EU’s loss, which equates to $5,312.13. EU is liable for 20% of NL’s loss, which is $1,000.00. The balance payable by NL is $4,312.13. Referee: J P Smith Date: 2 August 2021 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...
...of any such actions by the applicant in this case and the fact a third party gave possession of the car to the first respondent is not enough to transfer title to the car. 7. The first respondent argued that he had checked publicly available information about the car and saw that it was not reported as stolen and there was no money owing on the car, and therefore was of the view that KG had a right to sell the car. However, at the point that the car was sold to the first respondent, t...