Search Results

1. [2020] NZREADT 01 - Leith v CAC 1903 & Cobham - Ruling (24 January 2020) [pdf, 143 KB]

   ...re-hearing of the material that was before the Committee. That is, the Tribunal hears submissions by or on behalf of the parties, and reconsiders the evidence and other material that was provided to the Committee. However, in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303), the Tribunal accepted that the Tribunal may give a party to an appeal leave to submit evidence to the Tribunal considering an appeal, which was not before the Complaints Assessment Committee...

2. [2020] NZREADT 50 - Yang v The Real Estate Agents Authority (13 October 2020) [pdf, 355 KB]

   ...generally proceed on the record of evidence that was before the Committee and submissions of the parties, without any new evidence. The Court of Appeal in Nottingham v Real Estate Agents Authority affirmed the principles set out by the Tribunal in Eichelbaum v Real Estate Agents Authority, holding that full oral hearings are only appropriate in “exceptional circumstances”. The Tribunal may accept further evidence on appeal if justified. (b) The standard test for admission...

3. [2015] NZEmpC 63 Premier Events Group Ltd v Beattie Ors [pdf, 249 KB]

   ...Second Defendant Hearing: 24 April 2015 and by written submissions filed on 28 April and 1 May 2015 (Heard at Auckland) Appearances: A Lloyd and M Pascariu, counsel for Premier Events Group Limited J Eichelbaum, counsel for Malcolm James Beattie, Anthony Joseph Regan and Patricia Panapa Judgment: 14 May 2015 INTERLOCUTORY JUDGMENT (NO 6) OF CHIEF JUDGE G L COLGAN [1] Premier Events Group Limited (PEGL) has applied for two...

4. Chaudhary v Real Estate Agents Authority, Rajan & Devi [2018] NZREADT 2 [pdf, 213 KB]

   ...allowed in a Tribunal hearing is a question for the Tribunal to decide. [5] The Authority is neutral as to whether or not the second respondents ought to be called but opposes the application to call Mr Gooch. [6] In the decision of the Tribunal in Eichelbaum v Real Estate Agents Authority [2016] NZREADT 31 the Tribunal held there was no automatic right to call evidence at the appeal but such evidence could be called where there are exceptional circumstances. [7] As set out in E...

5. [2021] NZREADT 01 - Walker (14 January 2021) [pdf, 237 KB]

   ...the appeal). The Tribunal also considers whether allowing the evidence to be submitted would require further evidence from other parties and cross-examination.5 4 Nottingham v The Real Estate Agents Authority [2017] NZCA 1, at [81]. 5 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3, at [49] and [52]; and Wheeler v the Real Estate Agents Authority (CAC 1901) [2020] NZREADT 6, at [8]– [10]. [14] In its decision in Eichelbaum, the Tribunal agreed tha...

6. Lethbridge v The Real Estate Agents Authority (CAC) & Fenton [20181] NZREADT 29 [pdf, 240 KB]

   ...following submissions concerning the principles which are applicable in cases where it is proposed that additional evidence which was not before the CAC, should be adduced on appeal: 2.1 The Tribunal will be familiar with the principles in Eichelbaum v Real Estate Agents Authority.5 Appeal hearings will generally proceed on the record of evidence that was before the Committee and submissions of the parties, without any new evidence. The Tribunal may accept further evide...

7. [2015] NZEmpC 9 Premier Events Groups Ltd v Beattie [pdf, 55 KB]

   ...RECEIVERSHIP) Second Defendant Hearing: By memoranda of submissions filed on 19, 20 and 22 December 2014 and 30 January 2015 Appearances: AJ Lloyd and V Hodgson, counsel for Premier Events Group Limited J Eichelbaum, counsel for Malcolm James Beattie, Anthony Joseph Regan and Patricia Panapa Judgment: 9 February 2015 SUPPLEMENTARY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] Messrs Beattie and O’Regan and Ms Panapa have appli...

8. [2012] NZEmpC 71 Premier Events Group Ltd and Ors v Beatttie and Ors [pdf, 67 KB]

   ...Hearing: 30 April 2012 (Heard at Auckland) Counsel: Aaron Lloyd and Vonda Hodgson, counsel for Premier Events Group Limited David Neutze and Natalie Lord, counsel for BA Partners Limited (in liquidation and receivership) John Eichelbaum, counsel for Malcolm James Beattie, Anthony Joseph Regan and Patricia Panapa Judgment: 1 May 2012 ORAL INTERLOCUTORY JUDGMENT NO 3 OF CHIEF JUDGE GL COLGAN [1] These are my decisions on a series of interlocutory p...

9. Timeline of the Peter Ellis Case [pdf, 119 KB]

   ...process Reliability of children‟s evidence - expert opinion All other aspects of case October 1999 Mr Ellis has a second appeal against conviction heard by the Court of Appeal. March 2000 Government appointed Sir Thomas Eichelbaum to conduct Ministerial inquiry. Inquiry to consider the reliability of the children‟s evidence (having regard to expert opinion on best practice for interviewing children). Reliability of children‟s evidence -expert...

10. [2020] NZREADT 11 - Catley & Boyle - Ruling (3) (10 March 2020) [pdf, 190 KB]

    ...re-hearing of the material that was before the Committee. That is, the Tribunal considers the evidence and other material that was provided to the Committee, and hears submissions by or on behalf of the parties. [10] However, in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303), the Tribunal accepted that it may give a party to an appeal leave to submit evidence to the Tribunal that was not before the Committee, if the Tribunal considers that it is just to do...