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...was unexpected, and the resultant impact was unavoidable. 10. For these reasons the claim is dismissed, and I have not discussed the other issues. Referee: N Gold Date: 30 March 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 r...
...two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. A promise or agreement is not legally binding and enforceable as a contract unless the requirements for contract formation, including certainty of agreement, and consideration, are satisfied. In this claim, I find certainty of agreement and consideration were not satisfied. 7. I have considered the submissions and evidence presented by both parties. Timi...
...as best as he could recall with respect to this discussion, but I do not consider it supported, to any significant degree, the applicant’s version of what happened. 7) If there was no agreement to the level of a contract, even if verbal and informal, I need to also consider whether, for the purposes of the law of quasi-contract, there could be said to have been, objectively, a reasonable expectation by the applicant that he would be compensated for storage. Whilst the applicant migh...
...Held at: Wellington by AVL Appearances: The Appellant is self-represented B Marten and S Stewart for the Accident Compensation Corporation (“the Corporation”) Judgment: 28 May 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process, Accident Compensation Act 1982 and Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 August 2023. The Reviewer dismissed an application for review
...provided by P Ltd, and/or its agents, appeared to show that net rents were approximately $5,000 per annum higher than the true position. The Real Estate Agent for the sale was CC, an employee of H Ltd, who was implicated in the provision of the information to DM Ltd. 3. On 2 November 2021, DM Ltd applied to the Tribunal seeking recovery of its losses from P Ltd. Losses arose when DM Ltd overpaid for the property based on the disclosures made about the rental yields. The assumed val...
...Native Land Court awarded the Waikoukou block to Paora Tuhaere and Wiremu Reweti Te Whenua. [3] Between 1884 and 1908, parts of the Waikoukou block were gifted to (and later taken by) the Crown for railway purposes. This includes the land now forming Lot 1 and 2. Following the corporatisation of New Zealand Railways, Lot 1 and 2 were declared to be surplus Crown land. In 2001 Lot 1 and 2 were vested back into Paora and Wiremu as the original owners. [4] Applications have now bee...
...time. If she is not in a position to do so, she should contact the company to make a mutually acceptable payment arrangement. Referee: J Robertshawe Date: 6 September 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to a...
...to the car was repaired at no cost to them, as that cost was paid for by QN. 30. KN is to pay to QN the sum of $3,223.99 on or before 21 March 2024. Referee: P Byrne 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 reh...
...joined as an Applicant as I accept that he was a joint purchaser of the property. 3. The Applicants claim $16,771.50 comprising repair costs and inspection report costs, 5 weeks and 4 days lost rental of $1,782.86, being $520.00 a week, less LI’s former rental costs, $3,190.00 in administration time and overheads; and $6,927.25 for estimated additional repairs. 4. The issues to be determined are: a. Was the construction carried out with reasonable care and skill and was the o...
...of guarantee. This is because she has acknowledged she had been willing to bid up to $1,100,000.00 at auction before C Ltd’s inspection, and based on their inspection and report, lowered her maximum bid to $950,000.00. 16. BD provided no information about other significant costs that the report highlighted which would account for such a difference. I have to infer that it was the extent of risk that the report clearly highlighted, that caused such a large reduction in BD’s maxim...