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...that VB Inc breached a term of the contract, she is not entitled to the compensation she claimed, and her claim is dismissed. Referee: Ms Cowie DTR Date: 15 February 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 rehe...
...front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in which she admitted responsibility for the accident stating in explanation: “Just didn‟t see vehicle”. [4] The police attended the scene and on 11 June 2009, Ms Katz was issued with an infringement notice alleg...
...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...
...Committee Ms A Cupples for the Practitioner 2 DECISION OF THE TRIBUNAL ON PENALTY The perils of acting for both parties [1] This case concerns the difficulties that can be faced by a lawyer in a smaller urban centre when requested to act for both parties in a transaction. [2] The principle that emerges from an examination of Mr Hunt’s conduct and past practices, is that, when faced with the possibility of acting for more than one party to a transaction,...
...that whenever possible words are to be given their natural meanings. However, the setting in which the agreement was reached, provides context which allows a better understanding of the parties’ intentions. 9. In this case the context which informs the interpretation of the special condition is: a. a commercial lease which was already in place when the special condition was inserted; b. the condition was inserted due to previous leaks; and c. the condition was inserted contemp...
...6. DI did not seek further assistance from O Ltd and about a week after the initial contact, O Ltd sent her an invoice for $948.75. O Ltd.’s claim is for the amount of that invoice. 7. The issues to be determined are: • Was a contract formed between the parties? • If so, were services provided with reasonable care and skill by O Ltd? • Is part or all of the invoiced amount payable by DI? Was a contract formed between the parties? 8. I find that no contract was fo...
...the Domestic Violence Act or otherwise. [5.1.3] The claim attempts to inappropriately use the Tribunal as a forum to dispute matters which have resulted from Family Court orders under the Domestic Violence Act and in relation to Mrs Apostolakis’ former home. [5.2] The Tribunal has no jurisdiction to consider the claim because: [5.2.1] Mrs Apostolakis has not submitted to the Human Rights Commission a complaint relating to these specific claims of discrimination resulting from the Do...
...like” in responding to Mr N’s original insurance claim. What sum, if any, must BN pay to Mr N? 11. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed. However, the innocent party cannot recover loss that could have been avoided by taking reasonable steps to mitigate the loss, such as accepting a lower comparable quotation. 12. Mr N is entitled to a vanity of comparable quality and fi...
...Ltd, DD’s travel agent. Due to Covid the conference and flights were cancelled. HF asked IU Ltd to hold his airfares as a credit. However, [Airline] then issued refunds for the airfares, which IU Ltd credited back to DD’s travelcard. HF was not informed of this, and discovered the refund significantly later, when he was no longer able to use the money for his [continuing education]. 2. HF claims the sum of $6,425.00 for the cost of the tickets. 3. The issues to be determined are...
...water should enter the air filter at all and that the air filter should be regularly checked but at most no later than every 12,000km. Mr Q found that the flange was loose and that there were corrosive holes around the flange. He found there to be deformation to the air filter element to approximately 40-50%. He advised that in his opinion this deformation occurred over time and was not the result of one event. 8. I agree and accept Mr Q’s evidence that this was gradual deformation...