Search Results

1. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

   ...guilty of misconduct under s 73(b) of the Real Estate Agents Act 2008 on the first charge. We find Ms Prasad guilty of misconduct under s 73(a) of the Act on the second charge. 7 Pursuant to s 110(1) of the Act. 8 Revill v Registrar [2011] NZREADT 41. 2019 NZREADT 001 - Prasad [93] Submissions as to penalty on behalf of the Committee are to be filed and served no later than 1 February 2019. Submissions by or on behalf of Ms Pr...

2. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [pdf, 288 KB]

   ...took responsibility for fixing a problem created by her (failing to file the application on time). It would be somewhat harsh in the circumstances to find that she additionally misconducted herself in failing to send the complainant elsewhere. [110] The sixth instance of alleged misconduct is dismissed. Negligence [111] Having found various breaches of cls 1 and 2(e) of the Code, I agree with Mr Moses that the alternative complaint of negligence can be dismissed. OUTCOME...

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

   ...“where the funds” for the purchase of the property in September 2001 “came from and how payments were made”. Mr MB [109] Mr MB says the main aspect of Mr CP’s claim against Mrs RS’s estate arises out of ownership of the property. [110] He says he met with [Mrs RS] and Mr CP on two occasions before Mrs RS made the declaration. He says Mrs RS’s instructions were that Ms DH’s share in the property was “funded from [Mrs RS’s] own funds channelled through Ms D...

4. LCRO 183/2020 DX v SQ (26 February 2021) [pdf, 260 KB]

   ...producing information about HX’s estate, YX and RX issued their proceedings in the High Court in which they succeeded in obtaining a grant of administration of the 2015 will but with the appointment of an independent executor and trustee. [110] Although, in terms of r 2.3, there is room for doubt whether Ms SQ’s request for information about HX’s estate formed part of a legal process as explained in the footnote to the rule, nonetheless, I consider, in these particular circums...

5. [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs Ltd [pdf, 173 KB]

   ...led to some debate between counsel. I have resolved that issue by making an order that the application is dismissed and costs are reserved. 1 Matsuoka v LSG Sky Chefs NZ Ltd [2016] NZEmpC 110. The application for a wasted costs order [6] This application is not unrelated to the series of applications which were partially argued at the hearing in August 2016. Those applications had earlier been set down for a two-da...

6. MLC 2017 March Outstanding OCR Applications [pdf, 278 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...

7. LCRO 239/2016 RY v P AN and T AN (25 September 2018) [pdf, 314 KB]

   ...38 Heslop v Cousins [2007] 3 NZLR 679 (HC). 21 in having to arrange new representation in the litigation in which he was involved, and the general disruption to his business and personal affairs.39 [110] There is no punitive element to an award of damages for anxiety and distress. Such an award is entirely compensatory.40 [111] I consider that the stress Mr and Mrs AN claim they suffered in having to instruct new lawyers and the resultin

8. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...practice for a lawyer who acts for a client in the negotiation and drafting of a document, and who at the conclusion of that process, presents a document in final form to his or her client for signing. [109] Ms AB does not deny he did not do so. [110] From my analysis of the information produced to this Office concerning this aspect of Ms AB’s complaint, I can find no issues of a professional nature adverse for Mr CD. 18 (3) Advice — alternatives to litigation — iss...

9. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...companies were corporate trustees for trading trusts gave concern as to whether there was adequate protection for external creditors; and (d) the purchasers were not New Zealanders and Mr WQ was aware that the purchasers were without legal advice. [110] The Court concluded that a “combination of circumstances would be enough to create a sense of suspicion in the mind of the ordinary, honest person that this was a scheme which was likely to cause loss to those who dealt with the...

10. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

    ...“was not cross-examined at all on her evidence.”15 Although Mr Young suggested before us under cross-examination that he thought the judge made a mistake, and that he did 13 Bundle p 110. 14 Bundle p 112. 15 Bundle p 851, at [4]. 12 cross-examine at the dissolution hearing, we prefer the judge’s record. Her decision was given on the day of the hearing, therefore fresh. It was a one-issue hearing and failure...