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...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 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 re...
...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...
...OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The Labour Inspector brought an action in the Employment Relations Authority against GSTech Ltd (GSTL) and Mr Sharma, the plaintiff company’s sole director and shareholder, on behalf of a former employee, Mr Kumar. The action spanned a number of claims, focusing on a claim that Mr Kumar had not been paid for his hours of work at the minimum wage. [2] The Authority dismissed all of the Labour Inspector’s claims.1 It did, h...
...that allowed water ingress and that, as a result, the house required extensive remedial work. One of these defects was attributable to the original roofing work. The “kick out” to the ends of the apron flashings 4 were inadequately formed which allowed moisture to drain in behind the cladding. [12] After receiving the assessor’s report, the Austins obtained a report from another building expert, Barry Gill. Mr Gill commented that the inadequately formed kick ou...
...intends to rely as an answer to the case as made by the amended statement of claim, it is unnecessary to file a statement of defence to the amended statement of claim. (b) ... [16] After hearing argument on 30 September 2013, I agreed, at the request of Mr Fletcher, to defer the commencement of the hearing until 1 October 2013. I also directed Mr Quigg to serve amended statements of defence to the amended statements of claim before 5.00 pm on 30 September 2013. My order was c...
...the engine returned from its rebuild and subsequent repair with R Ltd with low oil pressure issues. B Ltd paid R Ltd a total of $13,336.69 for their work. SD sent the vehicle to NH in [city], who had extensive engine rebuild experience in high performance environments, to have the engine’s work assessed and repaired. NH provided a report dated 22 November 2023, gave evidence at the hearing on 17 January 2024 and provided a follow-up report dated 16 April 2024 in response to witnes...
...heading. Incorrect and self-contradictory advice 26. BW submitted that UI gave her “contradictory and changing advice” that was “wholly inadequate and nonsensical”. 27. These sorts of criticisms are too general and subjective to form the basis of an argument that UI failed to meet her legal duty to exercise reasonable care and skill. 28. BW’s submissions contain several specific allegations about incorrect or misleading advice: a. In May 2019, UI prepared a let...
...... the mouth of the Waimata Rivet, justsouthofTe Poroporo (eapeTurnagain1,- extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres. 1 It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the. south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through th...
...him and wrote “I just want to address a comment made to [employee] about not getting enough jobs. We made the decision to offer free jobs and paid you for them to help get you started, ensuring you didn’t start from zero. However, you seem to request jobs as if you were employees of ours”. KT promptly responded quoting from the documentation he was provided with, which stated “franchise operators are allocated a number of regular clients to service on joining D Ltd…”. 1...
...to continue to use T Ltd’s services, this risk was ever-present to T Ltd. In these circumstances, T Ltd cannot reasonably claim loss profit over time. Referee: J.F. Tunnicliffe Date: 30 November 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...