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...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The submission from Marie Litchfield and Graham Wells in response to the assessor’s report. The submission from Alan Light. The assessor’s report dated 19 November 2009. The letter from Laura Tait of the...
...the other. [13] On 14 April 2009, an IEA was signed between Perry’s and Mr Lorigan, backdated so as to be effective from 24 March 2009. As will be discussed later, Mr Lorigan pleaded that this document was signed under duress, and he now informs the Court that he considers it to be void. [14] On 31 May 2009, Perry’s amalgamated under Part 13 of the Companies Act 1993 (the CA) with two other companies in the Sime Darby Group. The evidence is that as a consequence of the am...
...vendors on 6 May 2016. She referred to the hole in the chip heater flue, the lack of hot water in the laundry, and the garage spouting (describing it as “buggered”). She did not refer to the fence. [7] On 9 May, Mr Bridge’s solicitors requested a price reduction of $7,500 from the vendors’ solicitors: … Our client put in an offer on a “sight unseen” basis, relying upon representations by the agent. A building report has identified that the property is not concr...
...is similarly a broad outline of strategy which does not refer to the plaintiff but nevertheless probably covers what was intended to happen to him. [6] The foregoing documents, both individually and collectively, do not appear to amount to a request for legal and human resources advice about a proposed strategy. Rather, they set out the strategy, or at least parts of it, itself. It is necessary in these circumstances to then consider what Ms Doherty, whose affidavit supports the c...
...the defendant in full within a period of 14 days of the date of this judgment. [6] Mr Maddigan asks for an order that he be paid out his accrued long service leave (equivalent to 15 days). The Director-General of Conservation opposes this request on two grounds. I deal with them in reverse order. [7] The second argument is that cl 3.4 of the collective agreement effectively prevents any payment. That provision states that an employee is entitled to long service leave on compl...
...June 2024 Held at: Wellington by AVL Appearances: The Appellant is self-represented J Sumner for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims for personal injury - ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 12 June 2023. The Reviewer dismissed applications for review of: 2...
...position as here. Mr Mitchell’s argument would advance the case for employees a step further. Wyatt says that not only must there be an awareness of the act or omission but the 90 day period does not begin to run until the employee considers (forms a “reasonable belief”) that the employer’s action was unjustifiable. Mr Mitchell’s argument goes one step further, however, and would have three necessary constituents: the awareness or appreciation of the act or omission, th...
Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 14 November 2024 Ref: OIA 116677 Tēnā koe Official Information Act request: Use of the ‘rough sex defence’ in court Thank you for your email of 14 October 2024 to the Ministry of Justice (the Ministry), requesting, under the Official Information Act 1982 (the Act), information regarding the use of the so-called “rough sex d...
...saddle flashings. Therefore they considered the membrane installer was required to ensure weathertightness by using upstands at various junctions. The junctions between the waterproofing membrane and the block work were in their opinion poorly formed and this resulted in water Page | 6 infiltrating deck areas at the junction of the membrane and column upstand. [13] Both Mr Nevill and Mr Maiden also agreed that the membrane installer had not complied with the require...
...decision have been changed. DECISION Introduction [1] The Standards Committee made a finding of unsatisfactory conduct against lawyer CE (the Practitioner) by reason of his failing to have provided his client, DT (the Respondent), with information in keeping with his obligations under Chapter 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). This concerned his failure to have provided the Respondent with a Letter of Engagement....