Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 288/04
Hearing date 9 Sep 2004
Determination date 09 September 2004
Member Y S Oldfield
Representation K Gould ; NA Rimoni (in person)
Location Auckland
Parties The New Zealand Guardian Trust Company Ltd v Rimoni also known as Ah Him
Summary BREACH OF CONTRACT - Respondent defrauded applicant of $148,293 - Pleaded guilty to 15 counts of fraudulent use of document - Reparation order made in criminal proceedings for sum fraudulently obtained - Applicant sought judgment against respondent for breach of contract - Respondent breached duty to applicant - Applicant did not forfeit rights in civil arena because matter was subject of criminal proceedings - No suggestion that reparation order not being complied with - Preliminary view that Authority should not make order for payment while reparation order in relation to same loss was current - Pending further advice from applicant matter adjourned
Result Proceedings adjourned ; No order for costs
Number of Pages 2
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