Search Results

1. Tuitupou v Tangilanu [2014] NZIACDT 97 (01 October 2014) [pdf, 202 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

2. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

3. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: 8 Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important...

4. Geldenhuys v C Yap [2013] NZIACDT 42 (15 July 2013) [pdf, 141 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

5. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

6. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...prosecute all or part of the plaintiff’s proceeding to trial and judgment; or (b) the defendant fails to prosecute all or part of the defendant’s counterclaim to trial and judgment. [42] In Lovie v Medical Assurance Society New Zealand Ltd,10 Eichelbaum CJ, in dealing with the application of the rule, stated: ... the applicant must show that the plaintiff has been guilty of inordinate delay, that such delay is inexcusable, and that it has seriously prejudiced the defendant...

7. Greyling v Gimranov [2016] NZIACDT 55 (15 September 2016) [pdf, 216 KB]

   ...and difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. It is important to bear in mind that “...

8. [2019] NZREADT 42 - He v CAC 403 (9 October 2019) [pdf, 439 KB]

   ...credible; and (d) Whether admitting the evidence would require further evidence from other parties and cross-examination. 1 See for example Telecom Corp of NZ Ltd v CC [1991] 2 NZLR 557. 2 See Eichelbaum v Real Estate Agents Authority [2016] NZREADT 3 at [49], citing Dragicevich v Martinovich [1969] NZLR 306 (CA). [9] The Authority notes the High Court’s view in Comalco NZ Ltd v TVNZ Ltd:3 It is also important the evidenc...

9. Moctezuma v Chase-Seymour [2013] NZIACDT 40 (26 June 2013) [pdf, 152 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

10. [2014] NZEmpC 231 Premier Events Group Ltd and Anor v Beattie and Ors [pdf, 685 KB]

    ...written memoranda filed on 17 May and 1 June 2012 (Heard at Auckland) Appearances: AJ Lloyd and V Hodgson, counsel for Premier Events Group Limited D Neutze and N Lord, counsel for BA Partners Limited (in liquidation and receivership) J Eichelbaum, counsel for Malcolm James Beattie, Anthony Joseph Regan and Patricia Panapa Judgment: 17 December 2014 JUDGMENT OF CHIEF JUDGE G L COLGAN A Premier Events Group Limited’s claims against Malcolm Beatt...