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1. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...advise him, and throughout she assured him that all was in order. He took comfort from her confidence that she effectively ran the practice at [HFE]. [100] I note, however, a significant error in Mr PO’s account of what took place, and when. [101] Mr PO said that on 1 October 2009 he saw Mr RQ and in his presence signed both the agreement and the lease. 1 October 2009 was the date that the purchase was settled and Mr PO took ownership of the business. [102] From a transactio...

2. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...invoices (failure to add GST to one of the accounts) and her acceptance that she was unable to access the correspondence which would have accompanied the two accounts as a consequence of an inability to access her former employee’s email account. [101] Whilst making those concessions, Ms GW nevertheless emphasised that it was her firm view that the two invoices which Ms NV argues had not been sent to her until late in the piece, would have been dispatched around the date recorded...

3. When somebody dies suddenly - Māori [pdf, 1.7 MB]

   ...(24 hours) info@sids.org.nz sids.org.nz Skylight He tautoko mō ngā tamariki me ngā whānau i te wā o te rau 0800 299 100 skylight.org.nz Tautoko pūtea ACC He tautoko mēnā i mate tētahi o te whānau i tētahi aituā 0800 101 996 acc.govt.nz Te Hiranga Tangata He moni hei āwhina me ngā utu o te tangihanga, ētahi atu tautoko pūtea rānei (kei te āhua o ō moni whiwhi) 0800 559 009 winz.govt.nz Tautoko whaitake Mō te kimi i te kaiwhakahaere tāpu...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. 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...