All the same breed W*_ *_ *_ *_ *_ *_
Reason for rehearing........
None of my witnesses were available at the meeting to verify my claims.
I had already won the dispute with Puke Ariki management with a meeting with Bill Macnaught after taking advice from Lynn Bublitz to do so. On the fact that I had a different view point of events of a meeting with Kate Roberts. For who's job it was to put up the scaffolding and who was to take the scaffolding down and to whom I thought was responsible, resulting in me I believed in loosing a $8000.00 sale. The result of this meeting agreed between myself and Bill Macnaught because of this depute and listening to my version of events he agreed and made a verbal agreement with me to leave the Artwork “Hands On” on the wall were it was until sold, if it did not sell for $8000 or above that Puke Ariki would make up the difference. He also agreed that Puke Ariki would do some promotional work on my behalf and on my request that it be done in a professional manner that you would expect of Puke Ariki. I also said that I cant work with Kate Roberts, I believed she had a conflict of interest and our personalities clashed. I also agreed to keep Bill Macnaught informed on the progress of “Hands On” as he requested, and that when it was sold I would inform Puke Ariki and would arrange for it to be picked up as per original contract.. No other requests or stipulation, duration time or agreements were entered into by either party. Other than it would stay on the wall until sold.
My depute with Puke Ariki is that Artwork “Hands On” has not sold, yet they took it of the wall without notice before even contacting me, breaking our agreement, made between Puke Ariki manager Bill Macnaught and myself that the Artwork was to stay were it is until sold. That was made because of a prier depute on who should have dismantled the Artwork that resulted in me loosing a $8000 sale. And that I had signed contract between Puke Ariki and myself.
My first notice of hearing of applicant was and still is a claim of breach of Contract and agreement. Not for the lost sale of $8000 or for the fact that I had a disagreement over who should have put the scaffolding up or not....or if I had not replied to two of Kate Roberts emails that I don't have, that suggested she thought that I should supply the scaffolding to remove the Artwork. I had a signed contract with Puke Ariki that supported my view that that was their job not mine.. And the later agreement between Bill Macnaught and myself was put in place because of that earlier depute and disagreement.
on legal advice I disagree that a signed contract between to parties is not permissible or won't stand up in court, just because I had not responded to two emails of Kate Roberts. To whom I was no longer dealing with. But I did respond by going to Puke Ariki personally and because she would not see me, I instead left messages with her staff to pass the message on that it is not my job to get the scaffolders in, tell her to read the contract. Their were several emails that I responded to in person and not by email. I only retained the emails I or Puke Ariki responded to by email (luckily). And I intend to call Puke Ariki staff as witnesses to back up my claims at the deputes rehearing.
Rusty Kane NP.
Wednesday, November 7, 2007
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