Search Results

1. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...is that most cases involve issues of both law and fact and 7 See Stormont v Peddle Thorp Aitken Ltd [2017] NZEmpC 71 at [95]-[96]; Hall v Dionex Pty Ltd [2015] NZEmpC 29, (2015) 13 NZELR 157 at [110]-[114]; see also C Inglis and L Coats “Compensation for Non-monetary loss – fickle or flexible?” (paper presented to Employment Law Conference, Auckland, October 2016) at 399-400. 8 Howell v MSG Investments Ltd (formerly known as Zee...

2. Hulton Patchell Limited v Mitchell - Pukeroa Oruawhata Trust (2010) 5 Waiariki MB 246 (5 WAR 246) [pdf, 114 KB]

   ...Ors (2009) 16 Whanganui Appellate Court MB 108 (16 WGAP 108), Chief Judge Isaac stressed the necessity for applications for Special Aid to be filed in advance and that only in rare circumstances will a request after hearing be granted, (16 WGAP 110, para [8]). Beyond these authorities there is little guidance on the issue of costs as claimed by Mr Dennett’s client. [28] The only decision of direct relevance is Brown & Anor - Part Kairakau 2C5B (2001) 13 Takitimu Appellate...

3. July 2016 Outstanding applications [pdf, 255 KB]

   ...A20100009982 45/93 Deputy Registrar CJ 2010/47 - Jane Smith also known as Jane McKenzie or Jane Parapa or Jane Parepa or Jane Fraser - an succession orders made at 44 Wellington MB 228- 229 on 15/07/1966 - Application to the Chief Judge A20100011029 45/93 Iwi Courtney CJ 2010/52 - Ohuirua 2 - and easement orders made at 74 Whangarei MB 93 on 29/01/93 - Application to the Chief Judge A20100011141 45/93 Peggy Anne Gamble CJ 2010/78 - Hopa Heremaia Trust - Application to the Chief Ju...

4. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...trustee capacity and his views should have been taken into account, consistently with principles in Heslop v Cousins19 and the decision of this Office in Abbot v Macclesfield.20 The proceeds of the sale of the house were trust moneys subject to s 110(1)(b) LCA by which a lawyer holding money on trust may only deal with the money as the client directs. The Practitioner’s response was inappropriate, and it is important to again make it clear that deductions for fees must be author...

5. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...knowledge of, or involvement with, the form. [109.3] Third, certifying that the applicant agreed the information was correct was a key representation, given the potential consequences for Mr OBC if the information was inaccurate in any respect. [110] Mr Sparks agreed to provide professional services to Mr OBC, he was in control of BIL, and in a position to direct Ms Maerean. He was in control of how professional services were delivered to Mr OBC, and aware of Ms Maerean’s role. [...

6. Midlane v Woodberg [2013] NZIACDT 31 (27 May 2013) [pdf, 152 KB]

   ...Woodberg’s involvement with clients, she was ill at the time. I find she was not a party to what took place at the meeting. [109] It follows this aspect of the complaint will be dismissed. The propriety of Ms Woodberg making direct contact with Mr A. [110] When a professional receives instructions from another professional to provide specialist services to a client there is inevitably some delicacy. The referring professional does not wish to disrupt the relationship with their clien...

7. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...knew would be laid in 15 the next days. That was anticipated in his legal aid application and is also confirmed by his email request seeking funding for a pathologist on 11 December 2007, in which he notes again the murder charge (Bundle 110). [70] In accordance with its normal practice, the Legal Services Agency, when it granted legal aid to Mr A noted that it was to cover the preliminary charges on which Mr A was held, pending the laying of a murder charge, and as described...

8. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...that they relied, and were entitled to rely, upon Mrs HY’s significant experience and general competence in administering the estates of clients known to her for 15 years, and whose wills she had drafted and whose estates were uncomplicated. [110] I have come to this conclusion with some caution, and mindful that the lawyers were not only providing regulated services to the estates, but that they were also trustees of both wills. Those extra duties, for which they have, potential...

9. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...client, raising concerns that newly instructed counsel will be unfamiliar with the twists and turns of the case, and raise reasonable apprehension that the costs of the litigation will be significantly increased if fresh counsel is instructed. [110] The option of engaging fresh counsel can present as daunting, when the litigation is at a critical juncture and there is need, as was the case here, for immediate steps to be taken as a matter of urgency. [111] Direction that a client must...

10. July 2016 outstanding applications [pdf, 255 KB]

    ...A20100009982 45/93 Deputy Registrar CJ 2010/47 - Jane Smith also known as Jane McKenzie or Jane Parapa or Jane Parepa or Jane Fraser - an succession orders made at 44 Wellington MB 228- 229 on 15/07/1966 - Application to the Chief Judge A20100011029 45/93 Iwi Courtney CJ 2010/52 - Ohuirua 2 - and easement orders made at 74 Whangarei MB 93 on 29/01/93 - Application to the Chief Judge A20100011141 45/93 Peggy Anne Gamble CJ 2010/78 - Hopa Heremaia Trust - Application to the Chief Ju...