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IN THE WEATHERTIGHT HOMES TRIBUNAL Claim No: 04734 UNDER the Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an Adjudication BETWEEN NEVILLE WILLIAM WILSON and PAUL CECIL WASHER as TRUSTEES for THE NEVILLE WILSON FAMILY TRUST Claimant AND PAUL WELCH and SUZANNE WELCH First Respondents AND ROBIN BAILLIE (Removed) Second Respondent AND GRANT KNOWLES Third Respondent AND GIANNI MARCHESAN Fourth Respondent AND GRAEME JOHNSON (N...
...meet their own costs and expenses. Compare: 2002 No 47 [3] The presumption in s 91 is that costs cannot be awarded unless either of the preconditions is met. Brooker accepts that this is the position. Page 3 [4] The basis of this application is that the allegations were made without substantial merit. THE CLAIM [5] In the particulars of claim filed with the application in this matter the claimant alleged that Brooker owed a duty of care to supply building m...
BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl T .A.MAKI MAKAURAU IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 119 of the Resource Management Act 1991 of an application for orders for rehearing of proceedings SKP Inc v Auckland Council [2018] NZEnvC 081 under s294 RMA SKP INCORPORATED (ENV-2018-AKL-00017 4) Applicant for rehearing AUCKLAND COUNCIL Respondent KENNEDY POINT BOATHARBOUR LIMITED Consent Holder Cour...
...Eleventh Respondent Decision: 16 June 2010 COSTS DETERMINATION Adjudicator: C Ruthe pg. 2 CONTENTS INTRODUCTION .................................................................................................... 1 APPLICATION BY SEVENTH RESPONDENTS FOR COSTS .............................. 2 The Law............................................................................................................... 2 Did the claim have substantial merit? ........
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 164 APPLICANT N Ltd RESPONDENT BS and TS The Tribunal orders: BS and TS are to pay N Ltd $15,182.00 by 23 May 2023. Reasons: 1. In September 2022, N Ltd did roofing work for BS and TS. N Ltd wants to be paid its invoice for $25,995.75. 2. BS and TS say the amount invoiced is excessive. They have obtained a report from a...
IN THE DISPUTES TRIBUNAL [2010] NZDT 77 BETWEEN ACB APPLICANT AND ZYC FIRST RESPONDENT ZYB SECOND RESPONDENT Date of Order: 9 November 2010 Referee: Referee C Smith ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Respondents pay the Applicant the sum of $2,534.37 directly within 21 days of today’s date. The counterclaim is dismissed due to failure of proof. Facts [1] The material facts ar...
...Hearing: 31 May 2017 (Heard at Auckland) Appearances: E Dent, plaintiff in person A Russell, counsel for Waikato District Health Board Judgment: 13 June 2017 INTERLOCUTORY JUDGMENT OF JUDGE M E PERKINS REGARDING APPLICATION TO HAVE CERTAIN DOCUMENTS DECLARED INADMISSIBILE Introduction [1] This interlocutory judgment deals with an application by the Waikato District Health Board (WDHB) to have certain documents declared inadmissibl...
...minimising costs and impacts on insurers’ willingness to provide insurance in New Zealand. 6. The Bill consolidates statutes and key aspects of the common law relating to insurance which are currently fragmented across 6 different Acts. It: a. reforms the law relating to the disclosure of information by policyholders to insurers before an insurance contract is entered into or varied, b. modifies the law relating to the duty of utmost good faith that all insurance contracts are ba...
...INTRODUCTION [1] This is an appeal by Bryce Malcolm McDonald against the decision of a review officer on 3 September 2008. [2] Mr McDonald sought coverage under the accident compensation scheme for a medical misadventure. In his original claim, he contended that the accident or misadventure occurred during a leg amputation in March 1979, in that a bone splint was left on the stump. This led to excessive pain and swelling. It was not until October 1981 that a revision operati...
CI0301_CIV_DCDT_Order Page 1 of 9 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1662 APPLICANT NM RESPONDENT B Ltd APPLICANT'S INSURER J LTD RESPONDENT INSURER RJ Ltd The Tribunal orders: B Ltd is to pay J LTD $13,350.00 by 23 August 2021. Reasons: 1. NM and J LTD claim compensation of $22,245.02 from B Ltd for damage allegedly caused to NM’s house during the...