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  1. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

    ...Those principles are correctly described in the submissions of the first respondent’s counsel in the following terms: Legal principles regarding admission of further evidence on appeal 2.1 The Tribunal will be familiar with the principles in Eichelbaum v Real Estate Agents Authority.6 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 evidenc...

  2. [2012] NZEmpC 26 Premier Events Group Ltd v Beattie [pdf, 142 KB]

    ...JOSEPH REGAN Second Defendant AND PATRICIA PANAPA Third Defendant Hearing: 15 February 2012 (in Chambers) (Heard at Auckland) Counsel: Erin Davies and Cathryn Curran-Tietjens, counsel for second plaintiff in support John Eichelbaum, counsel for defendants to oppose Judgment: 21 February 2012 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This interlocutory judgment decides the second plaintiff’s application to strike out several of the secon...

  3. [2022] NZREADT 10 – HD v REAA and LD (18 May 2022) [pdf, 216 KB]

    ...Agents Act 2008, s 111(3); Nottingham v Real Estate Agents Authority [2017] NZCA 1 at [81] & [83]. 3 Real Estate Agents Act 2008, ss 105(2), 107, 107A; Nottingham, above n 2. 4 Real Estate Agents Act 2008, s 105(1). 5 Nottingham, above n 2; Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 at [35]–[36], [48]–[49]; Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]–[60]; London v Cartwright [2021] NZREADT 41 at [14]. 5...

  4. [2020] NZREADT 39 - Silcock v Real Estate Agents Authority (2 September 2020) [pdf, 222 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. [9] However, in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303),1 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...

  5. Bahramitash v CAC 402 & Ritesh [2016] NZREADT 40 [pdf, 176 KB]

    ...of an unfairly prejudicial effect of the evidence. [13] It is relevant to record that Tribunal hearings are appeals from decisions of the Committee, by way of rehearing. The approach to new evidence was set out in the Tribunal’s decision in Eichelbaum v Real Estate Agents Authority4. These may be summarised as follows: 3 See, for example, Kolich v Real Estate Agents Authority [2013] NZREADT 110, at [49]; Complaints Assessment...

  6. [2020] NZREADT 05 - Eade - Ruling (21 February 2020) [pdf, 234 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 considers the evidence and other material that was provided to the Committee. [9] 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 s...

  7. [2012] NZEmpC 77 Premier Events Group and Anor v Beattie and Ors [pdf, 70 KB]

    ...Hearing: 11 May 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: 11 May 2012 ORAL INTERLOCUTORY JUDGMENT NO 4 OF CHIEF JUDGE G L COLGAN [1] There is a further application to prohibit the pre...

  9. [2022] NZREADT 9 BT ST v REAA (12 May 2022) [pdf, 248 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 considers the evidence and other material that was provided to the Committee. [39] However, in its decision in Eichelbaum v Real Estate Agents Authority 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 so.8 An applic...