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1. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

   ...breach of r 6.3. [72] 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 Tribunal’s decision in Jackman v Complaints Assessment Committee 10100,3 where the Tribunal approved of another Committee’s discussion of r 6.3 in Re Raos.4 In that case the Committee described conduct that would justify a finding of a breach of r 6.3 as conduct that: … if known by the public generall...

2. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...information concerning a client, the retainer, and the client’s business and affairs acquired in the course of the professional relationship [100] The words “to protect and to hold” require positive action by lawyer to comply with the rule.30 [101] The duty of confidence is owed to “the client”. It encompasses “all information” concerning (a) the client, (b) the retainer, and (c) the client’s business and affairs “acquired in the course of a professional relation...

3. [2019] NZEmpC 73 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...RightWay more than 12 months ago, it would seem to follow that RightWay accepts that all the money is now due, even though, for reasons that are not clear, no monies have been paid to Ms Kazemi. No separate remedies for breach of contract [101] The alleged breaches of contract are of: (a) an incorporated term of good faith (derived from s 4 of the Employment Relations Act); (b) an implied term that RightWay would treat Ms Kazemi reasonably and fairly; and (c) an implie...

4. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...RightWay more than 12 months ago, it would seem to follow that RightWay accepts that all the money is now due, even though, for reasons that are not clear, no monies have been paid to Ms Kazemi. No separate remedies for breach of contract [101] The alleged breaches of contract are of: (a) an incorporated term of good faith (derived from s 4 of the Employment Relations Act); (b) an implied term that RightWay would treat Ms Kazemi reasonably and fairly; and (c) an implie...

5. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...positions [100] Mr CN holds Mr HK responsible for the loss he suffered when the firm acted for [Mr CN] on the sale of the property. His complaint, although directed at Mr HK, concerns how the firm acted for [Mr CN] on the sale of the property. [101] Mr HK says he was “careful and diligent in his supervision of Ms EH”. He says the Committee was wrong to find he was “vicariously liable” for Ms EH’s conduct when she acted for Mr CN. He says the Committee reached that pos...

6. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...bank’s request for repayment of Mr JQ’s boat loan to his co-trustees for their authority to make that payment. [100] In particular, to Ms DC who would be disadvantaged if Mr JQ’s boat loan were to be treated as a liability of the trust. [101] The 27 November 2015 consent orders, which incorporated the consent memorandum did not include Mr JQ’s boat loan as a trust liability. [102] Ms DC applied to have the 27 November 2015 Judgment No 2 recalled. In his 11 August 2016 Jud...

7. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...property she (a) “thought it would be safer for those funds to be paid into a bank account in [Ms DH’s] name rather than any bank account in [her] name”, and (b) for that purpose transferred the purchase money to Ms DH’s bank account. [101] Lastly, Mrs RS declared that Ms DH, having made no financial contribution herself, “[was] effectively holding [the 71.1 per cent] share upon trust” for Mrs RS. For that reason, Mrs RS stated Ms DH had in [Ms DH’s] will bequeathed the...

8. ZA v YB LCRO 164/2013 Recusal (31 August 2016) [pdf, 98 KB]

   ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are ei...

9. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are ei...

10. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

    ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are eit...