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| New Zealand. Construction Adjudication Cases in reverse date order starting with the most recent case. 4th August 2008. |
| by Corbett Haselgrove Spurin |
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| NewZealand : Adjudication cases indexed aphabetically by citation, with short description of content. Last updated 10th March 2007. |
| by Corbett Haselgrove Spurin |
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| New Zealand : Adjudication cases indexed by subject, with citation & short description of content. Last updated 4th August 2008. |
| by Corbett Haselgrove Spurin |
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| Text of the New Zealand Construction Contracts Act 2002 governing payment processes for construction contracts and establishing adjudication procedures. |
| by New Zealand Parliament |
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| Text of 2006 Act, replacing and building upon the 2002 legislation. Includes transitional measures. |
| by New Zealand Parliament |
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| Construction contract payment dispute - subject to a s21 CCA payment schedule. Successful application for an order removing a caveat lodged by the respondent over AKV2’s land in lieu of an offer to lodge the sum sought under the final payment certificate into an interest bearing account pending resolution of the dispute. Arbitration dispute pending. High Court of New Zealand. Auckland Registry. 24th October 2008 |
| by Associate Judge Abbott : |
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| Winding up proceedings : Non-payment of progress payment : Held at first instance that cross claim not made out. Appeal: Confirmed cross claim not made out. Construction adjudication not pursued and no longer applicable. CA. 25th September 2008 |
| by Glazebrook, Fogarty and MacKenzie JJ. |
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| Costs appeal. Appeal against an order that the defendant (now the respondent in this Court) pay the plaintiff (now the appellant in this Court) costs in respect of District Court proceedings in the sum of $1,862, including disbursements and GST. The appellant contends that it is entitled to a higher award of costs than that amount. It seeks an award of $6,608 plus disbursements of $465; these amounts being the actual costs it has incurred in pursuing the summary judgment. HC. NZ. Auckland Registry 11 December 2007 |
| by DUFFY J |
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| Leaky Home : Whether developer owes purchasors a duty of care to take reasonable steps to ensure that any building work complied with the minimum standard set by the Building Act 1991 and that it was carried out to a workmanlike standard. Whether devloper owes a duty of care for work done by contractors. High Court of New Zealand, Auckland Registry. 5th April 2007 |
| by Andrews J : |
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| Jurisdiction : disputes panel : District Court : Claim for misrepresentation : counterclaim for partial payment of progress payment. Cost plus contract - estimated time overun allegedly due to design problems : cost overrun. High Court, New Zealand, Dunedin Registry. 8th October 2008. |
| by Panckhurst J : |
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| Costs of successful challenge to the appointment of an adjudicator in respect of construction works not supported by a written contract. High Court of New Zealand. Dunedin Registry. 3rd July 2007 |
| by Associate Judge Christiansen. |
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| Leaky Building : design. Whether or not the 5th defendant, in his personal capacity, acted as a developer and could be held liable to outstanding debts in the light of the insolvency of the other defendants. Held : not a joint tortfeasor : no duty of care : not liable for negligence of the other parties. HC. NZ. Auckland Registry 28th September 2007 |
| by Rhys Harrison J : |
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| Enforcement / set aside of adjudication determination : Irregularities in conduct of site visit : Reliance by lay-adjudicator (non-construction expert) on opion of value of remedial works - failure to appoint a joint expert. High Court New Zealand, Auckland Registry. 24th June 2008 |
| by Stevens J. |
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| Costs : Application for enforcement of statutory demand re construction contract set aside - pending adjudication of payment claim. Costs deferred till the end of the dispute resolution process. High Court, New Zealand. Auckland Registry : 31st May 2007 |
| by Associate Judge J P Doogue : |
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| Application for summary judgement in reliance on a revolving credit facility agreement entered into between the former plaintiff, Nationwide Finance Limited, and the Thompsons in February 2005, a subsequent arrangement they made to provide for Nationwide to make payments from the facility to a company called Okley Construction Company Limited. High Court, New Zealand, Auckland Registry. 14th September 2007 |
| by Associate Judge H Sargisson : |
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| Application for judicial review brought against an adjudicator under the Construction Contracts Act 2002 in respect of an award on interest. Oral Judgement : High Court of New Zealand. Rotorua Registry. 6th April 2006. |
| by Baragwanath J |
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| Right to progress payments ends upon termination of contract : Payment then due on final account. Where sub-contractors paid directly - contractor not entitled to progress payments due to the sub-contractors. High Court NZ. Wellington Registry. 13th September 2006 |
| by Gendall J. |
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| Liability of contractor / local council for a leaky home. High Court, New Zealand, Auckland Registry. 22nd December 2006 |
| by Baragwanath J : |
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| Successful application for extension of time, over and beyond the statutory six months time limit, for the appeal against a successful summary enforcement action in respect of an adjudication decision. C.A. 23rd May 2008 |
| by William Young P, Glazebrook and Baragwanath JJ. |
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| Application for judicial review of a Weathertight adjudication decision. High Court. New Zealand. Auckland Registry. 25th May 2006 |
| by Courtney J. |
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| Costs Judgement. High Court. New Zealand. Auckland Registry. 3rd July 2006 |
| by Courtney J. |
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| Insolvency : Set off. Liquidators must take note of and comply with debts established by an adjudication and cannot set that debt off against other claims. High Court. District Registry. Auckland. 7th February 2007 |
| by Heath J. |
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| Weathertight / leaky building adjudication : Failed application by defendant for summary judgement. High Court of New Zealand, Wellington Registry. 28th September 2005 |
| by Associate Judge D I Gendall : |
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| Leaky building. Costs Judgement. High Court of New Zealand, Wellington Registry. 30th November 2005 |
| by Associate Judge D I Gendall : |
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| Applications to set aside statutory demand pursuant to adjudicator's award. High Court of New Zealand. Hamilton Registry. 26th July 2006. |
| by Associate Judge Faire. |
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| Unsuccessful appeals from a judgment of Associate Judge Christiansen, High Court at Auckland on applications by, respectively, the appellant and the respondent, for summary judgment. The two applications were heard together. New Zealand Court of Appeal. 12th April 2005. |
| by Anderson P, O'Regan and Robertson JJ. |
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| The relationship between the winding up provisions of the Companies Act 1993 on the one hand, and Sections 19 to 24 and Section 79 Construction Contracts Act 2002 High Court, New Zealand, Wellington Registry. 6th December 2005. |
| by Associate Judge D.I. Gendall. |
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| Application for statutory demand in respect of sums due and owing by the applicants pursuant to payment claims under the Construction Contracts Act 2002. Application to set aside statutory demands. High Court. New Zealand. Auckland Registry. 16th March 2006. |
| by Associate Judge Christiansen. |
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| Fraud in procurement of contract / decision : Payment Schedule - whether any issued : Enforcement of adjudication. 18th July 2007 |
| by Faire J. |
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| Costs hearing in relation to prior enforcement hearing : All costs enforced. Attempt to postpone costs assessment until an attempted judicial review of the adjudication had taken place repelled. High Court, New Zealand, Whangarei Registry. 10th August 2007. |
| by Associate Judge Faire |
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| Leaky Homes Claim. UNDER the Weathertight Homes Resolution Services Act 2002 ("the Act") IN THE MATTER OF an appeal pursuant to sections 44 and 45 of the Act from a determination of Adjudicator A M R Dean dated 11 April 2006. High Court of New Zealand, Auckland Registry. 29th March 2007. |
| by Stevens J : |
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| Discontinuance : Costs : Payment claim action and summary judgment application dicontinued, case referred to arbitration. Costs of discontinued hearings fall by default to the discontinuing party. Auckland. 7th November 2008 |
| by J.P. Doogue. |
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| Insolvency ? set aside bankruptcy notice. Where an application for to have an adjudicator?s determination entered in as a judgement debt is opposed, there should be a hearing. The matter however had been dealt with as a paper only application. In this application to set aside bankruptcy notices the court ordered an adjournment pending appeal or application to set aside the judgement debt entry. This is essentially a continuation of the Willis Trust litigation. High Court District Registry New Zealand. Auckland. 9th February 2007 |
| by AJ Faire J. .Associate Judge. Crown Copyright |
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Enforcement order : final for insolvency ? The question of whether an order pursuant to s 74 of the Construction Contracts Act 2002, made by District Court Judge DM Wilson QC, that an adjudicator\'s determination be enforced by entry as a judgment of the Court, is a final judgment for the purposes of s 19(1)(d) of the Insolvency Act 1967 shall be determined separately and before the determination of the balance of the matters required to be determined in the application to set aside the bankruptcy notices. HC NZ Auckland Registry 3 March 2008
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| by ASSOCIATE JUDGE J A FAIRE |
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| Decision as judgment of court. Failed appeal against entry of an adjudication decision as a judgement of the court. Whether sum claimed exceeded jurisdiction of court : whether a hearing should have taken place : whether error in finding judgment had not been paid. HC. NZ. Auckland Registry. 13th December 2007 |
| by Asher J. |
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| Applications seeking: a) An order recalling my judgment of 27 April 2007, in which I declined to set aside the bankruptcy notice served on Mr Sadler by the judgment creditor, Insite. b) In the alternative, the review of that judgment and an order setting it aside. c) In the alternative, an order staying the judgment pending determination of any application for review and/or appeal. d) An order that a transcript of the hearing of the application to set aside the bankruptcy notice be made available. e) An order that costs be reserved on the application. High Court, New Zealand, Auckland Registry. 13th September 2007 |
| by Associate Judge Sargisson : |
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| Set off : Asserts an outstanding claim not available under the Construction Act filed in High Court : Held : Claim could not be used to avoid bankruptcy for non-payment of the progress payment due under the Act. High Court of New Zealand, Auckland Registry. 27th April 2007. |
| by Judge H Sargisson : |
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| Application to set aside statutory demand in relation to a progress payment. Interim judgment : High Court of New Zealand. Auckland Registry. 16th February 2006. |
| by Associate Judge Doogue |
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| Costs Judgement. High Court of New Zealand. Auckland Registry. 29th March 2006. |
| by Associate Judge J P Doogue |
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| Weathertight Homes Resolution Services Act 2002 adjudication. High Court. NZ. Auckland Registry. 31st May 2006 |
| by Ellen France J. |
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| Appeal against jurisdictional ruling or Weathertight Homes Tribunal adjudication / application for judicial review - Held : not appropriate to engage in judicial review to circumvent absence of right to appeal particularly in respect of interlocutory matters. High Court, New Zealand, Auckland Registry. 30th May 2008 |
| by ASHER J. |
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| Statement of Claim seeking an order to place the defendant company into liquidation. The grounds for this were that the defendant had failed to comply with a statutory demand. Temporary stay removed. The plaintiff is free to proceed with advertising of this liquidation application. High Court of New Zealand. Wellington Registry. 11th November 2006. |
| by Associate Judge D.I. Gendall |
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| Strike out application : limitation. Watertight Claim struck out – 10 years since registration – action time barred. HC. NZ. Auckland Registry. 21st December 2007. |
| by J.P. Doogue Associate Judge. |
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| Summary enforcement application in lieu of adjudication. Undisputed element enforced. Remainder and counterclaim / set off deferred to trial. Home build - intended to be fixed price - but no price determined due to continual variations. High Court New Zealand, Napier Registry. 10th October 2008 |
| by Associate Judge D.I. Gendall. |
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| Validity of payent claims and schedules - implications of failure to issue. High Court. New Zealand. Auckland Registry. 25th May 2006. |
| by Asher J. |
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Stay of liquidation hearing. Failed application to stay liquidation hearing arising out of failure to pay two costs awards. Whilst Rice stands potentially to recover debts over counterclaim and is otherwise solvent – this would be a matter for the court to determine. HC. NZ. Auckland Registry. 21st February 2008
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| by ASSOCIATE JUDGE ABBOTT : |
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| Payment Schedule : Meaning of. Appeal against refusal of summary enforcement. High Court of NZ. Whangarei Registry. 15th February 2007 |
| by Harrison J. |
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| Appeal against summary judgment in respect of an outstanding progress payment. Demonstrated that the claimant trustee was not the legal entity entitled to payment. Cross action against the claimant pending. Appeal successful. Claim and counterclaim to be heard together by the district court. High Court New Zealand. Blenheim Registry. 24th June 2008. |
| by Dobson J. |
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| Adjudicator gave permission to issue a charging order under s 49 of the Act, and order duly entered into in the High Court. Claimant notified court of the decision in Laywood and Rees v Holmes Construction Wellington Ltd that only the District Court could enter a charging order. Court noted an appeal pending in Laywood. Determined to continue order pending application to District Court. High Court, New Zealand, Tauranga Registry. 29th April 2008 |
| by Heath J. |
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| Application to set aside statutory demand regarding supply of electrical goods and services. High Court. New Zealand. Wellington Registry. 13th February 2006. |
| by Associate Judge D.I. Gendall : |
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| Statutory demand : Validity of progress payments conceeded. However, court declined to put debtor into liquidation - evident there was an ability to pay. High Court, New Zealand. Auckland Registry. 19th May 2006. |
| by Associate Judge J P Doogue : |
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| Strike out – summary judgement. Castor Bay Partners, seek to strike out the plaintiffs\' claim and apply for summary judgment in their favour on the ground that the plaintiffs\' claim is time-barred. HC NZ Auckland Registry. 1st February 2008 |
| by Associate Judge Robinson : |
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Application to transfer proceedings to the Weathertight Homes Tribunal. High Court New Zealand Auckland Registry. 5th October 2007
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| by Associate Judge Abbott |
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| Construction payment dispute. Recall of judgment of 12 December 2005 in relation to the costs award. Upon reconsideration, the appellant is ordered to pay costs of $3000 with usual disbursements. Court of Appeal. New Zealand. 4th April 2005. |
| by William Young P, O'Regan and Panckhurst JJ. |
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| Failed appeal against the High Court judgement enforcing payment for a construction contract. Salem had already conceded in the lower court that there had been a valid claim. (see also later revised judgement April 2006 in relation to costs) Court of Appeal. New Zealand. 12th December 2005. |
| by William Young P, O'Regan and Panckhurst JJ. |
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| Application to set aside a statutory demand issued by the defendant, claiming amounts outstanding under a construction contract: High Court New Zealand. Auckland Registry. 23rd December 2005. |
| by Associate Judge. D.H. Abbott |
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| Bankruptcy notice : appeal. Failed appeal against bankruptcy notice arising out of a final judgment based on determination of adjudicator. No set aside. HC. NZ. Napier Registry 11th February 2008 |
| by ASSOCIATE JUDGE ROBINSON |
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| Insolvency : application to set off four statutory demands - two of which related to payment appliactions under the Construction Contracts Act 2002. High Court, New Zealand, Auckland Registry. 30th May 2007 |
| by Associate Judge Doogue. |
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| Successful challenge to the appointment procedure for an adjudicator. High Court. New Zealand. Auckland Registry. 10th April 2006. |
| by Venning J. |
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| Successful strike out actions by HM AG (successor to Building Industry Association[BIA] & Branz in respect of tortious claims for breach of Fair Trading Act 1986 in respect of a leaky home. High Court, Auckland. 30th May 2007 |
| by Frater J : |
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| Unsuccessful application to set aside summary judgement enforcing an adjudicator\'s decision for payment of final account and variations - and application to set down hearing on standard track on grounds that Council had withdrawn Code Compliance certificate. Held : This was an issue that should have been put in the payment schedule and put to the adjudicator. Outstanding claims by defendants could still be recovered but they must “Pay now, re-claim later.” High Court Auckland Registry. 26th JUne 2008. |
| by Wylie J. |
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| In the absence of a payment schedule pursuant to the Construction Contracts Act in response to an invoice, the sum demanded became a debt enforceable by summary judgment. The opportunity to raise issues as to whether the debt was owed by an individual qua director or by the company was provided by the payment schedule facility. The defendant did not avail themselves of this. It was now too late. NZ. District Court North Shore. 15th March 2004 |
| by Judge D.M.Wilson QC. |
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| Consequence of not issuing a payment schedule in response to a lawful - though allegedly incorrectly calculated notice for payment. High Court. New Zealand. Auckland Registry. 10th April 2006. |
| by Associate Judge J B Doogue. |
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Residential occupiers. First instance judgement set aside because there was no evidence that the party was a residential occupier as required by the legislative provisions applied by the judge. HC. NZ. Auckland Registry 11 February 2008
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| by C J ALLAN J. |
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| Successful application for summary judgment - pursuant to a construction contract. Oral judgment. High Court NZ Whangarei Registry. 19th July 2005. |
| by Venning J. |
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| Heading a letter purporting to be a payment schedule Without Prejudice does not contradict scheme. In absence of negotiation offer it is not privileged. An indication that nothing is due satisfies the statute. Due date is within 20 working days even if under contract payment is due before then. High Ct. NZ. Auckland Registry. 19th December 2006 |
| by Rodney Hansen J. |
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| Challenge to an adjudicator's decision. High Court. New Zealand. Auckland Registry. 25th May 2006. |
| by Harrison J. |
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| Stay of enforcement of adjudicator's decision : Stakeholder account payment. High Court. New Zealand. Auckland Registry. 1st March 2006. |
| by Rhys Harrison J. |
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| Letter accompanying a claim to be read with claim for purposes of Construction Act. Claim addressed to nominated correspondent satisfies service requirements. Progress payment to be effective must be made within 10 working days. High Ct. NZ. Auckland. 14th December 2006 |
| by Cooper.J. |
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| Application to appeal against decision that service on persons identified in contract fulfils statutory service requirements : and against a finding that the contractual date of service of payment schedule (10 days) replaces the statutory default period (20 days). High Court NZ. 4th April 2007 |
| by Veening J |
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| Leaky Home : Application for summary judgement / dismissal of action - for negligence in respect of the sale of a leaky appartment against a director of the vendor company in liquidation. Action failed. High Court New Zealand Auckland Registry 9th November 2007 |
| by Associate Judge D.I. Gendall |
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