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1. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

   ...obligation to inform the other attorney. Acceptance of that proposition could lead to the entirely untenable situation where two attorneys, entrusted with responsibility to manage a donor’s property, were acting entirely independent of each other. [101] Mr ZY’s response to this element of the complaint was not convincing. His couching of response in terms of argument that he had no duty to disclose presented as argument which presented at odds with the realities which would confron...

2. NQE v Tan [2013] NZIACDT 37 (13 June 2013) [pdf, 195 KB]

   ...unprofessional. Ms Tan used the importance of the interview, as a device to make the complainant feel compelled to pay the additional cost to increase the likelihood of a successful interview. She did so when she was already obliged to provide the service. [101] Ms Tan’s claim of entitlement to be retained to complete the application process, and be paid fees for doing so is misplaced. The complainant had good cause to terminate her engagement, she did not have terms of engagement that...

3. Canterbury District Law Society v Wood [2009] NZLCDT 9 [pdf, 225 KB]

   ...those complaints. [7] The fourth complaint, that Mr Wood had misled the Court and a practitioner, was upheld, and, in its decision of 19 November 2008, the Complaints Committee decided that charges should be laid against Mr Wood pursuant to s.101 of the Law Practitioners Act 1982. [8] As a consequence Mr Wood was charged with: [a] Misconduct in his professional capacity (s.112(1)(a) of the Law Practitioners Act 1982); and, in the alternative; [b] Professional negligence of...

4. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...on that day and described as “notice of claim”. This is work of an administrative nature relating to Ms CN’s management of her practice, and not work which should properly have been charged to Mr RF on the basis of a continuing retainer. [101] That is not to say that Ms CN could not subsequently have sought costs of recovering outstanding fees including interest as provided by the retainer, but costs incurred in debt recovery would need to be established as a provable debt, like...

5. ENV-2016-WLG-000058 Notice of Motion [pdf, 4.8 MB]

   ...pearlproductions@paradise.net.nz 97. C Watson Consultancy Limited user.friendly.buildings@gmail.com 98. Caldwell, Elizabeth elizabeth.caldwell@wmt.org.nz 99. Cami, Charlotte cha_cami@yahoo.fr 100. Campbell, David John djcampbell@paradise.net.nz 101. Campbell, Robin robincampbell0@gmail.com 102. Campion, Laurie PO Box 38750, Wellington Mail Centre 103. Campion, Roy roy@aspectfurniture.com 104. Carnegie, Kieran kotarou@ecs.vuw.ac.nz 105. Carr-Gomm, Matthew Philip matt...

6. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...other cases might constitute relevantly similar circumstances. The question for the Court is the scope of disclosure of other instances. It is in that context that New Zealand Police Association, a discovery case, must be considered. 41 [101] I respectfully agree with and adopt the dicta of Judge Palmer cited earlier. 42 In short, actual relevance of comparative material at trial may well be a matter of fact and degree; some comparative examples may be more applicable than...

7. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...individuals, each of whom is jointly and severally liable for the actions of their fellow partners. [100] A conduct finding may only be made against an individual or a legally recognisable entity. Committee’s finding of unsatisfactory conduct [101] The Committee accepted that Mr IW had not rendered the various invoices to the body corporate. It is clear also that Mr IW only became involved in this file after Mr S had left [Law Firm A]. By that time, the weathertightness claim...

8. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

   ...no attempt to address the issue of the missed contributions for the first 14 months of her employment. [100] It was the Authority’s concerns as to how the arrears had been dealt with that became a factor in the consideration of a penalty. [101] At the hearing, Mr Smith placed emphasis on the chronology. First, he made reference to a letter of 19 July 2017 from IR to KRPL, which set out the basis on which the fact of the arrears had come to light, and then been dealt with. [102...

9. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...plaintiff’s actions may have obstructed the Authority’s investigation. I was not satisfied that the threshold was cleared to the point where it could be concluded that the Authority had become unable to investigate the claims before it.36 [101] I also concluded that even if the particular matters relied on by Ms Chinan had met the statutory threshold, I would not have been prepared to exercise my discretion to order the obtaining of a good faith report, given the existence of...

10. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

    ...fairly with” the Joshis, and is therefore a breach of r 6.2. [83] Rule 6.3 provides that “a licensee must not engage in any conduct likely to bring the industry into disrepute”. Rule 6.3 was discussed briefly in the case Jackman v CAC 10100,6 where the Tribunal approved of a Complaints Assessment 5 Real Estate Agents Act 2008, 3(1). 6 Jackman v CAC 10100 [2011] NZREADT 31, at [65]. Committee’s discussion of r 6.3...