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...employee records of a number of AHV’s employees to him. 1 Hixon (Labour Inspector) v Campbell [2014] NZERA Christchurch 4. 2 28 April 2014. These included copies of job application forms, employment agreements, and tax forms. Mrs Campbell also provided Mr Hixon with a summary of wages and deductions in respect of individual employees. Whilst these records were incomplete, he was able to compile a schedule of tool allow...
...TRIBUNAL District Court [2022] NZDT 228 APPLICANT ED RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons: 1. CC emailed ED regarding the purchase of quail eggs and quails. 2. ED replied sending some information and proposing some dates to send a breeding group of quails, eggs and feed. 3. CC responded saying that she would love to proceed and asking if she could get the birds a little later. She also asked ED for his recommendation abo...
...not CGAF. 20. CGAF say that the inspection was a visual inspection (not invasive) as was the invariable practice for final inspections. 21. CGAF drew attention to the time period between the issuing of the building consent in June 1999 and the request by the Council for a final inspection in March 2007. They said that in making the request the Council had an obligation to specify the ambit and extent of the final inspection. They were clearly on notice as they asked that particula...
...discretion the claimant should bear their own costs or a proportion of them and they should pay the costs of the respondent or a proportion of them. In this regard special reasons and reasonableness are relevant factors. The suggestion that s 90(2) forms a mandatory requirement that there can be no payment to the claimant and must be the payment of all the reasonable costs of the respondent is not supported by any other authority. Gavigan was clear that even where the grounds are...
...relates to the deformation of diverter flashings. The Council’s position is that the building was fortunate that there were diverter flashings, as they were not commonly seen at that time. Unfortunately, these diverter flashings were improperly formed and therefore failed to carry out the task that they were designed to do. [30] The first respondent’s first line of defence was that there was no defect in the diverted flashings. This has already been rejected in the fi...
...basis for such an award given that there has been no breach of the contract by KQ and OS in this case. 40. For these reasons the counterclaim is dismissed. Referee: L Trevelyan Date: 25 March 2024 Page 6 of 6 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...
...because of the leaking that resulted from the faulty drainage system that had previously been installed. [22] Thus, NC must pay BB $28,874.06. Referee: C Hawes Date: 16 April 2024 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 rehe...
...2014 © Crown Copyright ISSN 1179-1446 (online) Published by the Ministry of Justice Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes
...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...
...adopting Sumption LJ, quoting Lazarus Estates Ltd v Beasley [1956] 1 QB 702 at 712 per Denning LJ. 11 At [100]. 12 Gilford Motor Co Ltd v Horne [1933] All ER 109, [1933] Ch 935 at 114,956. I am quite satisfied that this company was formed as a device, a stratagem, in order to mask the effective carrying on of a business of Mr. E. B. Horne. The purpose of it was to try to enable him, under what is a cloak or a sham, to engage in business which, on consideration of the a...