Who has to pay for any house damage caused by Debbie?

first_imgHamilton Island damage after Cyclone Debbie. Photographer: Liam Kidston.AS the impact of Tropical Cyclone Debbie is felt across North Queensland, many who are in the middle of the sale or purchase of property may be wondering: What happens if the cyclone damages the house? Does the sale still go ahead and who pays for the damage?According to the standard terms of the Real Estate Institute of Queensland Contract of Sale, risk transfers to the buyer at 5pm on the next business day. So, if the contract was signed at 2pm on Monday, March 27, the risk transfers to the buyer at 5pm on Tuesday, March 28. If the contract is signed on a Saturday, the risk is transferred at 5pm on the following Monday. “When we say “risk transfers to the buyer” we mean that risk of damage to the property moves from the seller to the buyer, and thus the responsibility for repairs,” says REIQ Townsville Zone Chair, Damien Keyes.“Having said this, the seller still has an obligation to maintain the property right up until settlement. More from news01:21Buyer demand explodes in Townsville’s 2019 flood-affected suburbs12 Sep 202001:21‘Giant surge’ in new home sales lifts Townsville property market10 Sep 2020“So, as a buyer, when you have been advised that your offer has been accepted and signed by the seller it is prudent to arrange your insurance for the new property immediately. “This is a simple process and can usually be handled over the phone with your insurance company.”But what happens if, after your sale contract has gone unconditional, but not yet settled, and the property becomes severely damaged or destroyed by a cyclone or other disaster? “In very limited circumstances under section 64 of the Property Law Act when a residential property is deemed unfit for human habitation there is a provision to potentially terminate the sale contract,” Mr Keyes said.“The buyer must give the appropriate notice to the seller and can potentially do so without penalty and may have all deposits refunded. Be aware, however, that these circumstances are extremely rare. “There is no automatic right to pull out of a contract because the property is damaged or affected by flooding or cyclone after the contract is entered into. “Given the legal complexities involved, buyers and sellers should seek legal advice to determine their rights and responsibilities. “In the event the property is damaged and not destroyed and the buyer elects to proceed with the sale it may delay settlement occurring in the previously agreed time frame while the buyer’s insurers assess the claim and then carry out the repairs, or the parties may agree to settle and carry out the repairs after the fact.”last_img read more

Why wearing facemask in public makes sense

first_imgIn Western Visayas, the provincial governments of Iloilo,Guimaras and Negros Occidental and the cities of Bacolod and Iloilo have mademandatory the wearing of facemask in public through either provincialordinances or executive orders of city mayors. ILOILO City – Wearing a facemask in public is the mostsensible thing to do at this time when nobody can be certain if they arecarrying the virus that causes the coronavirus disease 2019 (COVID-19). Some people with COVID-19 are asymptomatic (not showingsymptoms), Undersecretary Jonathan Malaya of the Department of Interior and Local Governmentpointed out during a teleconference with Western Visayas journalists. similar forms, he added. In Iloilo City, Mayor Jerry Treñas said facemask coveringthe nose and mouth of the wearer prevents droplets expelled when coughing orsneezing from infecting others. He thus urged all local government units (LGUs) – provinces,cities and municipalities – to have ordinances making the wearing of facemaskin public mandatory. mask.”center_img “Hindi po natin sinasabi na kailangan bilhin nila satindahan ang facemask. It can be improvised, do-it-yourself. Ang importantemayroong facemask,” said Malaya. Not wearing facemask in public places is now an offense in Iloilo city and province. Facemask covering the nose and mouth of the wearer prevents droplets expelled when coughing or sneezing from infecting others, according to Mayor Jerry Treñas. IAN PAUL CORDERO/PN LGUs having ordinances on the mandatory use of facemask willprovide another legal basis in the government’s effort to contain COVID-19,Malaya added. The facemask could be but not necessarily limited to clothmasks, surgical masks and other Violators of his facemask executive order “shall be requiredto go home or to secure a face They may also be slapped with sanctions such as but not limited to reprimand and/or the filing of appropriate charges pursuant to Republic Act 11332 (Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act) and other applicable laws./PNlast_img read more

CONGRESS URGED TO PROBE MORE: 13-hour brownout unacceptable amid pandemic – solons

first_img“Some big private investors seem to want to take over the power industry which may adversely affect small electric cooperatives in the country,” he added. “We need to protect electric cooperatives from being taken over by private investors branded as ‘electric coop killers’ that are only after profits and not the welfare of cooperative members and the cooperatives’ customers.” In a 10-page Urgent Motion for Inhibition filed recently, PECO moved for the inhibition of Iloilo Regional Trial Court presiding Judge Emerald Requina- Contreras, claiming she showed preferential treatment to MORE Power in several instances, thereby rendering doubt to her independence and impartiality.  On the other hand, Rep. Presley De Jesus of the Philippine Rural Electric Cooperatives Association noted that the nation’s power supply is enough right now due to the decreased commercial use of electricity. When asked about the unusually long brownouts in Iloilo City, he responded with dismay.  He added: “Kung umasa lang sila sa MORE Power sa ngayon na wala pang kumpletong facilities, talagang hindi maiwasan na magkaroon ng mga brownouts sa Iloilo City.” In the history of the Philippine power sector, according to Lagon, it is the first time that the power distribution facilities of a private company has been forcibly taken by another private entity armed only with a public utility franchise issued by Congress. In House Resolution No. 785, Rep. Sonny Lagon of Ako Bisaya party-list urged Congress to probe “the status of the distribution of electricity in Iloilo City to ensure that power distribution will not cease and that the people of Iloilo will not be affected.” “A 13-hour brownout is not acceptable, especially since we are in a crisis ngayon,” he said. MORE Power had promised the congressional franchise committee in late 2018 that it would procure a mobile substation. To date, it still has not installed one. Representative Lagon said, “There is a need for the House of Representatives to look into this to ensure that the supply of electricity in Iloilo City will not be affected and that the people of Iloilo City shall not suffer because of the legal battle between the two distribution utilities.” “Ang concern ko lang talaga is ‘yung mga consumers ng Iloilo. Sana hindi sila ma-apektuhan, lalo na ngayong pandemic. Ang problema talaga is ‘yung mga long brownouts na nangyayari,” said Lagon on May 22 in a virtual Kapihan ng Samahang Plaridel. ILOILO City – Brownouts bugging power consumers here following MORE Electric and Power Corp.’s (MORE Power) takeover of Panay Electric Co.’s (PECO) power distribution facilities have prompted certain legislators to call for a congressional investigation. The brownouts in Iloilo City could have been averted through the installation of a mobile substation, according to experts. “Before kasi, noong si PECO nag-operate diyan, hindi naman talaga na-experience ng mga tao ng Iloilo City ang mga ganitong brownouts,” said Lagon. He then pointed out MORE Power’s lack of proper facilities. By preference, Congress granted a 25-year franchise to MORE Power. The subsequent writ of possession and operating license granted to it by authorities warranted the takeover by MORE Power of the electricity distribution in Iloilo City even without putting up its own facilities, besides its apparent lack of track record and technical expertise in operating a power distribution system. As noted by industry sources, this should have been a key requirement because power distribution is a business imbued with public interest. The most recent (May 17) power interruption was the 13-hour brownout due to maintenance work at a substation undertaken by MORE Power – an activity done in the peak of a summer month and while the country is at the height of battling a pandemic and people are required to stay at home.  Representative Lagon sought an immediate investigation in aid of legislation “to ensure that the people of Iloilo City shall not suffer, and that electricity shall continue to be distributed to them despite the legal battle between PECO and MORE, and to come out with the necessary legislation for this purpose.” PECO asserts that the assets being used for electricity distribution in Iloilo City remains under its rightful ownership even if its franchise expired in January 2019. The 13-hour brownout on May 17 was done in a substation that mostly services residential power consumers. With the scorching summer heat and the pandemic forcing Ilonggos to stay in their homes, people were forced to suffer during the preventive maintenance. “Dumaan naman sa due process pero sabihin na nating hilaw,” stressed Lagon. Before this, there were other reported electricity service interruptions that inconvenienced Iloilo City consumers in March and April. The Motion for Inhibition, included a prayer for the suspension of proceedings until this motion is resolved, is pending in the court./PNlast_img read more

RMC clarifies ‘full capacity’ status

first_imgThis did not mean that the COVID-19 situation in the city and Negros Island had worsened, it added. The hospital’s advisory was supposedly blamed as the cause over the recent suspension of sea trips between the islands of Panay and Negros.   BY DOMINIQUE GABRIEL BAÑAGABACOLOD City – The Riverside Medical Center, a privately run hospital in this city, clarified its earlier advisory declaring “full capacity” of its isolation facility for coronavirus disease 2019 (COVID-19) patients. In a statement issued late Tuesday night, the hospital’s management said that it was only their isolation facility that has reached full capacity. RMC explained that their isolation facility has only 11 beds, eight of which were occupied by COVID-19 positive patients with mild symptoms. The remaining three beds were occupied by probable cases.In addition, the medical center reports that there are eight suspected/probably patients admitted outside the isolation facility but within the designated COVID-19 area located at the hospital’s fifth floor.The medical center has allocated 20 percent or 53 beds out of its bed capacity for COVID-19 related case. Only 19 beds or 36 percent were occupied with zero deaths since the start of the pandemic.“This is considered a low census for COVID-19 cases admitted in a healthcare facility,” the hospital pointed out.The RMC again assured the public that they are taking care of their healthcare workers and patients.The hospital also intends to increase its COVID-19 bed capacity to 30 percent as part of the compliance issued by the Department of Health./PNlast_img read more

Seidler takes Dacotah checkers with late pass

first_imgMANDAN, N.D. (Aug. 10) – Two was the magic number Friday night for Marlyn Seidler, as he scored his second IMCA Modified feature win of the season at Dacotah Speedway with a pass for the lead with two laps to go.Travis Peery started to pull away from the field early on, but cautions came early and often and worked in Seidler’s favor as he quickly moved through the field from ninth starting to second.Drivers calmed down after a lap eight restart and a fantastic battle for the lead played out between Peery and Seidler. They raced side-by-side until lapped traffic forced Seidler to follow Peery through the slower cars.Contact between Peery and a lapped car reset the field for a four-lap shootout. Another yellow regrouped the field with three laps to go but on the final restart of the night, Seidler looked to the outside of Peery.Finding speed, they again battled side-by-side for the win and with two laps to go, Seidler passed Peery for the lead. Peery quickly felt pressure from behind from Marcus Tomlinson.Seidler found victory lane while Tomlinson made a last-lap pass to grab second from Peery.Craig Kastner prevailed in a tussle with Seth Howe-Kellar for his third Mach-1 Sport Compact feature win of the season at Mandan.last_img read more

The Latest: Spanish league hopes for fan return in February

first_imgThe players have not displayed any symptoms and are in self-isolation.City says “everyone at the club wishes Riyad and Aymeric a speedy recovery ahead of their return to training and the new season.”City starts its season against Wolverhampton Wanderers on Sept. 21 after being given the opening weekend off following its participation in the Champions League quarterfinals in August.___The Thai badminton federation says it has withdrawn from the Thomas and Uber Cups after high-profile players pulled out because of concerns regarding COVID-19. September 7, 2020 Share This StoryFacebookTwitteremailPrintLinkedinRedditThe Latest on the effects of the coronavirus outbreak on sports around the world:___Spanish league president Javier Tebas says he expects fans back in the country’s soccer stadiums by next February if vaccine trials are successful. The Latest: Spanish league hopes for fan return in February The federation says the absences of former world champion Ratchanok Intanon, No. 3-ranked mixed doubles pair Dechapol Puavaranukroh and Sapsiree Taerattanachai and others meant the country couldn’t field a team in the Oct. 3-11 world teams event in Denmark.Thailand badminton federation president Khunying Patama Leeswadtrakul says “player safety and health has always been our priority concern. We respect the players’ decision.”The Badminton World Federation said last month the Thomas and Uber Cup Finals would go ahead in Aarhus, Denmark, despite an overhaul of the tournament calendar following the shuttering of international competition during the coronavirus pandemic.The BWF said international participants would not be required to undergo quarantine upon arrival in Denmark provided they had a negative COVID-19 test and appropriate travel documents.___center_img Associated Press More AP sports: https://apnews.com/apf-sports and https://twitter.com/AP_Sports Tebas says the decision on fans attending games ultimately belongs to local health authorities but it is not likely to happen before there is a vaccine in place.The league had hoped to have fans back this season but Spain has been dealing with a surge in coronavirus cases recently.Tebas spoke at an event in which the Spanish league launched its 90th season. The season will begin this weekend.___Manchester City players Riyad Mahrez and Aymeric Laporte have tested positive for the coronavirus.last_img read more

Langer unsure if Smith wants Australia captaincy back

first_imgSydney (AFP) – Steve Smith’s ban on leading Australia ends in March but the star batsman may not want the Test captaincy back, coach Justin Langer says.Smith skippered the team until he was suspended for 12 months over a brazen attempt to alter the ball with sandpaper under his watch in Cape Town last year.Part of his punishment included a further year-long exile from any leadership role.Calls have grown for Smith to take over from Tim Paine when the ban is lifted since his incredible batting performances helped Australia retain the Ashes against England.But Langer said it was not a simple decision, with Smith admitting his exploits — 774 runs in just seven innings — left him mentally and physically shattered.“I’ve built a good relationship with Steve over the last 18 months, and it (the captaincy) is going to come down to honest conversations,” the coach told the Australian Broadcasting Corporation on Saturday.“You can see how exhausted he was from the effort he put into his batting (during the Ashes), and whether he wants the burden of captaincy as well is something we’ll have to work out over time.“I’ll be one of the selectors, and I think we’ll just work out what’s best.”Paine, who will be 35 in December, will almost certainly retain the role for the home summer Test series against Pakistan and New Zealand, despite occasional criticism of his batting and captaincy during the Ashes.Langer said he was “doing a brilliant job at the moment”.“He’s been outstanding in his time as captain. However long he wants to keep playing for is another thing,” he added.Unlike Smith, former vice-captain David Warner endured a miserable return from the “sandpapergate” scandal, struggling to make double figures against England.But Langer said he still had confidence in the explosive opener, who returned to form with a century for New South Wales in the Sheffield Shield last week.“He had a poor series against England, no doubt. That’s just a fact, and he knows that,” Langer said.“But he also hasn’t lost his talent, because he was the highest run scorer in the World Cup two weeks before the Ashes started, and he was the highest run scorer in the IPL (Indian Premier League) before that. So he can bat.“The other thing about David Warner, my experience tells me that you never write off champion players. And he’s a champion player.”last_img read more

Ndukwe Boasts Remo Stars Will Maintain NPFL Status

first_imgRemo Stars top goalkeeper, Chizoba Ndukwe, has indicated his readiness to ensure the team maintains its new status in the Nigeria Professional Football League, (NPFL).He told the club’s website about his readiness to contribute his best to Remo Stars’ success in the topflight.”I am willing and ready to assist the team in maintaining the NPFL status by God’s grace”. “God assisted me and the team during the NNL season to gain promotion and I am very sure he will do the same when the NPFL season starts in some days time.”Chizoba who was the team’s number one goalkeeper during the club’s time in the Nigeria National League, (NNL) hailed the team for doing the greater job of making sure the club secured the NPFL slot.“It’s a delight to have the team gain promotion, I appreciate my teammates for doing the greater job during the NNL season and I am sure they will do the same in the NPFL”.The Sky Blue Stars will play Plateau United in the first game of the new NPFL season scheduled for January 15, 2017.Meanwhile, Remo Stars has officially captured the signature of Enudi Solomon from 2016 FA Cup Champions, FC Ifeanyi Ubah.The former El-kanemi Warriors and Sunshine Stars winger said that he joined the Sky Blue Stars to achieve greater things.“I joined Remo Stars to win matches and achieve greater things, also to assist the team maintain their NPFL Status.”“Remo Stars is a young side with ambitions, and prospectus with the zeal to achieve greatness and together we will.”“I also want to score goals to assist my new club, Remo Stars in reaching our desired goals.”Solomon scored the winning goal against Dolphins and scored a brace two seasons ago against his former club, Elkanemi Warriors in the Nigeria Professional Football League, NPFL.The winger will be in line feature for the team against Plateau United in the first game of the new season on the 15th of January, 2017.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegramlast_img read more

Feeling bad for Boston, Patriots

first_imgTo all Boston natives: I’m sorry.I didn’t do it, but I feel really, really terrible.I mean, come on. You just had Johnny Damon up and run to the hated New York Yankees. Yeah, I know. Money talks. But Damon is still an idiot of a different sort for his defection.Now, poor Boston, Mass., after getting kicked in the crotch, you just got nailed again while reeling on the ground. I sincerely wish this didn’t have to happen.Adam Vinatieri just pulled a Damon on you guys, and I can’t stand it. I send my condolences to sports fans of Boston teams everywhere today.I hope I’m not the only one who felt some déjàvu on Tuesday when ex-New England Patriot Vinatieri, perhaps the most clutch kicker in the history of the NFL, is said to have inked a three-year deal with the Indianapolis Colts.And I thought the Denver Broncos got screwed when the Cowboys yanked Terrell Owens away from them. At least the Broncos aren’t exactly at odds with Dallas.Now, stop screaming that I should never compare any sort of Colts-Patriots rivalry with that of the Yankees and Boston Red Sox. Believe me, I know there is no feud like the one between the fans, cities and even players of the Red Sox and Yankees.But don’t discount the Indy-New England rivalry too much. After all, Sportsillustrated.com did just recently name it the No. 1 “New School Rivalry” in all of football.Again, it doesn’t quite measure up to the Curse of the Bambino or other pieces of Sox-Yanks history. However, it would be fair to consider the Colts-Pats rivalry one of the hottest in — dare I say it — all of sport, wouldn’t it?Yes, there is a striking resemblance between the two moves. Damon helped the Sawx pull off one of the greatest comebacks in the history of sports, knocking off the pinheads — excuse me, pinstripes — in the 2004 ALCS after going down 3-0 to start. The Jesus look-alike became the Big Apple’s greatest nightmare, as he homered twice (including a grand slam) in Game 7, the greatest night in Red Sox history.But then, after the 2005 season, New York’s greatest nightmare signed a dream deal with the Yanks and became their new prize center fielder. The heart and soul of Boston was ripped away from them.Then there’s the case of Vinatieri. He didn’t directly lay the hurt on Indianapolis, but his two Super Bowl-winning field goals for the 2001 and 2003 World Champion Patriots gave New England some serious leverage over Peyton Manning and the up-and-coming Colts. Tom Brady may be the “heart and soul” of the Patriots, but he wouldn’t have already stamped his ticket for Canton at age 28 if it weren’t for Vinatieri’s clutch kicks in the Big Games.New England knocked the Colts out of playoff contention in the 2003 and 2004 AFC playoffs. With Vinatieri’s signing, it would appear Indianapolis is sick of it.Yeah, I know he’s a kicker. I’m sure there aren’t as many Patriot fans crying in their clam chowder after Vinatieri’s farewell as there were Red Sox enthusiasts after Damon’s stunning decision. But that shouldn’t take away from the similarity of the situation.Don’t get me wrong, I thoroughly enjoyed it when my hometown Broncos knocked the Pats off their pedestal in the playoffs this past season. But at the time, I must say that I definitely respected New England and the class with which the organization upholds itself throughout all its success.But as a Red Sox supporter, as someone who knows how bad it hurts to see a fan favorite leave for the enemy, a part of me really wants the Patriots to get back on the horse and win it all a year from now.Why Boston? What is it with that city that keeps having great things taken away from it?Well, no matter. I suppose the four championships — three for New England and one for the Red Sox — should help the citizens keep their chins up.After all, that’s more than New York — titleless since the 2000 Yankees — and Indianapolis — no major sports championships — can say. Anyone who feels for Boston should hope that the efforts of Damon and Vinatieri with their new teams fail to change that.Aaron is a freshman majoring in journalism. It’s been four days and Aaron already wants spring break back. You can share his pain for Boston at abrenner@badgerherald.com.last_img read more

Baseball defeats LMU, takes two of three from Oregon

first_imgThe series opener was highlighted by an offensive outburst that ended in a 10-6 victory. The team will play Thursday and Friday at 6 p.m., and the series will conclude with a noon Saturday game at Goss Stadium. In the third inning, USC knocked in 2 runs with home runs from Owens and junior outfielder Brady Shockey. Owens finished the game with three RBIs and Shockey with two. The Trojans clinched the series win with a commanding 8-2 victory on Sunday. USC took an early 3-run lead on a 2-run single from sophomore shortstop Ben Ramirez in the second inning. Ramirez would finish the game going 2-3 with two RBIs and one run scored. After facing UCI May 2nd. the Trojans will travel to Corvallis to face off against Oregon State Thursday. The Beavers are ranked 12th in the nation, currently hold a 35-16-1 overall record and stand at 20-6 in the Pac-12. The Ducks tried to catch up, but it was a bit too late. The visiting team scored 4 runs in the ninth inning, but the Trojans’ early success proved to be too large a deficit to overcome. Junior pitcher Connor Lunn took advantage of the significant run support and pitched 6.2 dominant innings. Lunn shut out the Ducks through the first six frames, allowing 2 runs in the seventh before being removed for sophomore left-hander John Beller, who threw 1.1 perfect innings. Prior to the series win, USC narrowly defeated LMU with a late inning comeback led by Perez. Perez drove in the go-ahead run in the ninth inning with a single up the middle, making the score 3-2. “We hit the ball hard all night,” Hubbs said. “It gave us a cushion and we were able to use that to our advantage.” Senior infielder Brandon Perez provided 2 insurance runs for USC in the sixth inning with a double down the left field line to make the score 5-2. Perez came out strong, finishing with two doubles and two RBIs in his final home game. Both teams entered the series near the bottom of the Pac-12 standings, and the Trojans celebrated the team’s outgoing veterans on Sunday’s Senior Day. Junior outfielder Blake Sabol finished the game with two RBIs and two hits, including a solo home run in the fifth inning. Bushor added two RBIs of his own with a double down the left field line in the eighth. The USC baseball team displayed a consistent offensive performance this weekend, producing a total of 25 runs in the team’s series win against Oregon.center_img Junior outfielder Matthew Acosta effectively put the game out of reach with a 3-run homer in the seventh inning. The Trojans held the lead in the bottom of the ninth and split the season series with the Lions with one victory each. Oregon countered with 2 runs of its own in the top of the third, but those were the only that the Ducks produced for the remainder of the game. Trojan sophomore pitcher Kyle Hurt was a major problem for the Ducks, pitching six innings and earning the win. “It was a struggle offensively for us,” head coach Dan Hubbs said after the matchup with LMU. “I was real pleased with our ability to stick with it.” “I am happy that we got a win on my last day at USC,” Perez said. “It definitely gives us a big confidence booster [going into next week].” USC’s bullpen held the lead for the remainder of the game, ending the home schedule on a positive note. Senior infielder Brandon Perez tallied seven hits over four games last week, including a clutch RBI single to give the Trojans a ninth inning lead over LMU. (Daily Trojan file photo) Hurt gave up just one hit and three walks, striking out seven batters. The Trojans scored 3 runs in the first inning with RBIs from freshman infielder Clay Owens, sophomore designated hitter Trevor Halsema, and senior infielder Chase Bushor. The Trojans attempted to counter with rallies of their own, but the Ducks sealed the game with a 3-run home run in the seventh inning. Oregon took game two by a score of 10-7. The Trojans fell to the Ducks on Saturday, despite scoring 7 runs. Oregon scored 4 runs in the first inning and continued to add to its lead as the game progressed. last_img read more