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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2024] NZREADT 32 Reference No: READT 022/2023 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN JX Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2201) First Respondent AND ANTONIA FRANCESCA MARIA BAKER Second Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) P N O’Connor (Member) F J Mathieson (Member) Representa
...the cost of that build having been told it was likely to fail. I accept CZ’s submission in that regard. I find it unlikely he would have agreed to this unit being built in the manner suggested by C Ltd had he been advised it was going to fail. 110. C Ltd built the unit in a way that was likely to require further work to address likely bowing and cupping issues. On its own account, the unit was likely to fail, and any door stiffeners installed may require later adjustments over the ye...
...respondent] was acting for him and that he would have 14 His status as a director was one of the issues determined by the High Court in 2016. 20 acted in a more guarded manner if he had been aware that [the respondent] was not his lawyer”. [110] There is no evidence directly from the applicant that he believed the respondent was also acting for him. Counsel does not dispute that he was advising the applicant at all relevant times. I therefore find it difficult to conceive...
...to particular strategies. He was pressing Mr SY to follow a path that aligned closely with what Mr PI perceived to be his objectives and perspectives. The intensity of this strong-willed stance inevitably shaped the course of the instructions. [110] Mr PI’s firmly held views and unwavering determination to maintain his positions, significantly restricted the range of options available in the legal proceedings. 17 [111] His deeply held conviction that Board members and individual...
...establishing the WRGPI. [109] However, even on the first limb Dr Walls’ basis of analysis is questioned by Dr Monigatti. He considers the NIOSH review used by Dr Walls is skewed by two omissions rendering their application as evidence unuseful. [110] Dr Adams concludes degenerative spine changes are due to complex genetic and intrinsic biomechanical factors and work factors play a relatively minor role. He cites a study of monozygotic twins to support his conclusion. I accept His...
LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2024] NZLCRO 132 Ref: LCRO 55/2024 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN EFH and KFH Applicants AND SP and NR Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introd
...Dymocks, above n 21, at [33]; Salem Ltd v Top End Homes Ltd (2005) 18 PRNZ 122 (CA) at [5]; and New Zealand Insulators v ABB Ltd, above n 35, at [21]. 60 Cronin-Lampe (No 1), above n 3, at [516]. 61 See Cronin-Lampe (No 2), above n 4, at [109]–[110]. Conclusion [99] The application for a stay of execution of the balance of the judgment sum which has not been paid to date is dismissed. The balance of the judgment sum and interest thereon to the date of payment is accor...
OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)
OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)
...director in tort 92 • Mr Vining’s role 97 • Did Mr Vining breach the duty of care and if so was there loss? 100 • Ground levels 105 • The cladding and windows 106 • Sundry Defects 109 • Duty to remedy 110 • Summary of second respondent’s liability 111 CLAIM NO.00734 – HENG INTERIM DETERMINATION.doc 5 The liability of the third respondent, Warren & Mahoney in tort 111 • The architects duty of care 111 •...