Liken to the strength of willow

My ability to be flexible, to adapt is my strength. It has tested me time after time, in different situation, daily in all aspect to do with life. This is how I tend to deal with crisis, small, medium and big.
I set my own pace, which are influence by variable factors, immediate, short, long term factors.

Today, I have to contend with my ill health. I am resting within my ability to rest. I also have to deal with running of the business, while in my ill health. I had to forsake some opportunity, which is fine.

Should I?

I am so far away from the SA world, and yesterday update of what SA is up to with his current diminutive salivating "cronies", I had to rub my ears and asked for a repeat of what was said. So incredibly ridiculous and unbelievable nonsense. 

Anyhow, should I still follow through and report TH to the NZICA of professional misconduct? I hesitate because she has 2 children, and she is sole breadwinner. However, when I do not follow through, I then become a culprit to support the demise of honorable professional. I have asked for views and been told to do it by one group and the other group, to say no, do not go ahead. I will make that call and just close the case, however would like the authority to make note of this, for future reference.

I am filing to District Court for 

1.breach of contract

deja vu of the sad kind...............

I stayed up and tried to finish as much as I could the legal presentation for contractual breach of contract, as it is weekend, kids are not at school and it is busy season. I manage to arrange the business, with as reliable help this season so I will not over worked like last season.
On both count I managed.
I walked into the apartment only to be confronted by one my children, and she displayed "tyranic" behavior and would not allow any input.
As I stood there, hearing the swearing coming off the mouth, the pain and resignation I felt in my heart, the abuse seems to have been transfer to my children.
The whole day the sadness followed me. I tried to keep myself above water, not be drown by the pain in my heart, and how dispirited I am.
I just finish watching the movie Charlie and me........I think is the title.

I do see the fear in my 3 kids of losing me, and each display in their way.

I need to instil in them, the confidence they will be fine, even when and if I am not here. Not easy for both party.

Process of making a claim to cancel a contract

Cancellation and Restitution. A non-breaching party may cancel the contract and Cancellation and Restitution. A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party. "Restitution" as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while "cancellation" of the contract voids the contract and relieves all parties of any obligation under the agreement.


http://www.howtolaw.co.nz/html/ml063.asp

Act by section

• Contents

7 Cancellation of contract

• (1) Except as otherwise expressly provided in this Act, this section shall have effect in place of the rules of the common law and of equity governing the circumstances in which a party to a contract may rescind it, or treat it as discharged, for misrepresentation or repudiation or breach.
  (2) Subject to this Act, a party to a contract may cancel it if, by words or conduct, another party repudiates the contract by making it clear that he does not intend to perform his obligations under it or, as the case may be, to complete such performance.
  (3) Subject to this Act, but without prejudice to subsection (2) of this section, a party to a contract may cancel it if—

  • (a) he has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made by or on behalf of another party to that contract; or

  • (b) a term in the contract is broken by another party to that contract; or

  • (c) it is clear that a term in the contract will be broken by another party to that contract.
  (4) Where subsection (3)(a) or subsection (3)(b) or subsection (3)(c) of this section applies, a party may exercise the right to cancel if, and only if,—

  • (a) the parties have expressly or impliedly agreed that the truth of the representation or, as the case may require, the performance of the term is essential to him; or

  • (b) the effect of the misrepresentation or breach is, or, in the case of an anticipated breach, will be,—
    • (i) substantially to reduce the benefit of the contract to the cancelling party; or
    • (ii) substantially to increase the burden of the cancelling party under the contract; or
    • (iii) in relation to the cancelling party, to make the benefit or burden of the contract substantially different from that represented or contracted for.
  (5) A party shall not be entitled to cancel the contract if, with full knowledge of the repudiation or misrepresentation or breach, he has affirmed the contract.
  (6) A party who has substantially the same interest under the contract as the party whose act constitutes the repudiation, misrepresentation, or breach may cancel the contract only with the leave of the Court.
  (7) The Court may, in its discretion, on application made for the purpose, grant leave under subsection (6) of this section, subject to such terms and conditions as the Court thinks fit, if it is satisfied that the granting of such leave is in the interests of justice.
  Section 7(3)(b): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
  Section 7(3)(c): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
  Section 7(4)(a): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
  
  

  Act by section

  • Contents

  8 Rules applying to cancellation

  • (1) The cancellation of a contract by a party shall not take effect—

    • (a) before the time at which the cancellation is made known to the other party; or

    • (b) before the time at which the party cancelling the contract evinces, by some overt means reasonable in the circumstances, an intention to cancel the contract, if—
      • (i) it is not reasonably practicable for the cancelling party to communicate with the other party; or
      • (ii) the other party cannot reasonably expect to receive notice of the cancellation because of that party's conduct in relation to the contract.
    (2) The cancellation may be made known by words, or by conduct evincing an intention to cancel, or both. It shall not be necessary to use any particular form of words, so long as the intention to cancel is made known.
    (3) Subject to this Act, when a contract is cancelled the following provisions shall apply:

    • (a) so far as the contract remains unperformed at the time of the cancellation, no party shall be obliged or entitled to perform it further:

    • (b) so far as the contract has been performed at the time of the cancellation, no party shall, by reason only of the cancellation, be divested of any property transferred or money paid pursuant to the contract.
    (4) Nothing in subsection (3) of this section shall affect the right of a party to recover damages in respect of a misrepresentation or the repudiation or breach of the contract by another party.
    Section 8(1)(b): substituted, on 19 December 2002, by section 5 of the Contractual Remedies Amendment Act 2002 (2002 No 79).

Justice is balance, because there can only be justice when there is balance.......

Justice is balance, because there can only be justice when there is balance. This is what I believe, and how I have been brought up. This is also what I am teaching my 3 kids so they too can pass on to their children.......


I feel that I am being treated unjustly but can't figure out how to get out of the predicament that I am are in. Usually, injustice has a tyrant / bully inflicting their domination in a situation. A tyrant's / bully's injustice is always annoying, but there is a way to end it. I have to bring the tyrant's / bully's in a situation where they must be just and it will take away the little power over me they have.


In my situation there is a lack of justice because the other side does not know justice exist. I can see there can be balance from both side. There is a solution, to reach justice on both side. 


I have to make a choice.....

Calm before the storm or calm from now onwards.....

The title is representative of how I am feeling. One of my vice, always believe it is too good to be true. Then again, this is typical of how I cope with challenges that comes my way.

I deal with things as it comes, I do not protest, I deal with it. Other see it as me giving in, why don't I protest.  While it may seem like I am giving in by allowing precedence, my reasoning, it will not go away as long as it is not dealt with. Rather than let it fester, deal with it. Produce result, and let the result do its work, to set things right.

In my current daily life, I am dealing with a diverse group of people, each have their vested interest in business. I am managing their vested interest. They are so fortunate, I am working to produce result. However, result I have produce so far, majority are still ignorant of the result I have achieved for them. One day perhaps in the near immediate future, they will overcome their ignorant and come to awareness the result I manage to achieve in such a short period of time, which is to their collective benefits.

Children are also currently going through a transition stage, they are experiencing stability, yet they are also sensing too good to be true, again reflection of what they have gone through. Hard to believe, too scared to accept, for fear of being rob once again. Hence, they revert to dismay and disbelief, as a mean to protect themselves from being hurt. What can I do? I cannot change their perspective.

This is my lot I am dealing with concurrently. Kids are relying on me to see to it that they have a safe passage from their teenage through to their young adult life.

I am doing it alone and not alone at the same time, not by choice, by circumstance.

Results or reprieve?

Just finish dealing with SA legal intimidation, sent through defence notice. Again just having to deal with all this, means I have to divert my energy and resource away from what matters most now for me, daily routines are disrupted, this create back log in my present world with kids and work.
How did I fare?
Check the ROC, my rights is 3/4 reinstated. My shares to my companies are restored, however my directorship is not.
Yes, more work to chase this up, means more resources and energy get "sap" out. At least proves the legal system did work for this instance. No time to ponder now, had I once again engage legal counsel, would it have given this result? No one knows......I did not take that path.
Now, I await to hear back, and hope my defence for my rights to address the inequality force by SA onto me could be address. See if the legal system works, tha I do have a chance to address this.

How did I cope with the stress, better this time round. The extortion and harrassment and blackmail are at "arms length", now and forever, I do dare to hope.

Currently, the legal system is put to test, whilst I am still at the mercy of the "selected people" who represents the legal system. Will they allow a fair hearing to proceed? or Will they not allow it?

For now, I need to come back to my reality of daily living, I have 3 children to look after, help them to heal, to grow, to distinguish the right from wrong, and let them grow into themselves to be a positive addition to society and promote positiveness for society as whole and for themselves get closure of the abusive childhood they have had from SA.