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1. Tan v CAC20005 & Anor [2015] NZREADT 12 [pdf, 199 KB]

   ...saying "one large house with a total of 6 bedrooms plus a study"). 2.5 On 8 April 2013 the appellant contacted the second respondent with an expression of interest in the property. The second respondent sent the appellant the property file and certificate of title, and advised the appellant that he was still waiting for a LIM report for the property. The appellant expressed an interest in making a conditional offer (conditional on finance, LIM, solicitor's approval of t...

2. Anderson v CAC 20003 & Ors [2014] NZREADT 15 [pdf, 158 KB]

   ...satisfied by 20 April 2012. 3 [13] Yang Lawyers then urged Barfoot & Thompson Ltd to cease the tender process immediately and not to engage in further advertising of the sale of the units. Yang Lawyers also indicated they would proceed to filing a complaint with the Real Estate Agents Authority. A Summary of Evidence Adduced to Us The Evidence of the Licensee Mr Philip Davis [14] Mr Davis came to give evidence under subpoena issued on behalf of the appellant. He has b...

3. Baltasound v Paignton LCRO 222 / 2009 (19 May 2010) [pdf, 110 KB]

   ...acted on the opposite sides of a conveyancing transaction involving a unit title property. Some time after settlement, and after exchanges of correspondence between the lawyers, the Body Corporate arrears remained unpaid, and the Applicant then filed a complaint to the New Zealand Law Society. [2] The Applicant alleged that the Respondent breached an undertaking given at settlement to pay all of the body corporate arrears. A portion had been paid but an amount of $4,853.58 remai...

4. Manchester v Standards Committee LCRO 220 / 2009 (13 May 2010) [pdf, 120 KB]

   ...sent to the Applicant some 5 weeks later (on 4 May 2009), seeking her response so that the matter could be considered at the next Committee meeting. The CSO added that her failure to respond could led to a summons by the Committee for her or her files. [6] Two weeks later the Applicant replied (email 19 May 2009) to say that she was waiting for the Inspector to provide her with contact information for training. She set out the steps she had taken with regard to several issues...

5. J v A LCRO 31/2009 (30 April 2009) [pdf, 35 KB]

   ...it would be inappropriate for me to consider entirely new allegations. [5] Client J provided a statement of grounds for his application for review as well as a letter outlining the basis of the application. The Standards Committee provided its file to this office. Lawyer A was informed of the application and given an opportunity to respond. He did so through his counsel on 7 April 2009. Client J replied to that response on 21 April 2009. That reply was provided to Lawyer A for his...

6. Nikora v Nightingale [pdf, 68 KB]

   ...Brooker appeared in person. Mr Robertson appeared as counsel for the Whakatane District Council. [8] It should be noted that while the Fourth Respondent Mr Needham attended the Preliminary Conference in June and continued to receive all documents filed by and exchanged between the parties, he took no further part in the proceedings, confirming on 1 July to the WHRS case manager that he would not be filing a response. He did not appear at the hearing. [9] Mr and Mrs Nikora (“th...

7. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...were unsuccessful. [2] Ms Dwan applied to the Department of Building and Housing for an assessor’s report which found leaks and recommended that the building should be reclad. The property was reclad and an application for adjudication was filed. [3] Ms Dwan gave evidence to support the losses claimed. [4] Citywide Builders Ltd charged $109,546.71 for the recladding repairs. Formally proved consequential costs of $33,988.55 included house checks from an inspection com...

8. Short - The Pukeroa Oruawhata Ahu Whenua Trust (2010) 5 Waiariki MB 297 (5 WAR 297) [pdf, 154 KB]

   ...April 2010 (Heard at Rotorua) Appearances: Mr G J Dennett, Counsel for Trustees Judgment: 9 April 2010 RESERVED JUDGMENT OF JUDGE S R CLARK Introduction [1] The trustees of the Pukeroa Oruawhata Trust (“the trustees”) have filed an application pursuant to s 244 of Te Ture Whenua Māori Act 1993 (“TTWMA”) seeking to vary their trust order. [2] The trust order at clause 3(x) permits the payment of a trustees’ honorarium of $90,000.00 per annum for six tr...

9. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...Background facts [6] At [2], I explained the information gathering process and at [4] to [18] I set out what I saw as the relevant facts taken from the schedule and three bundles of supporting documentation Mr Miller sourced from each appellant’s ACC file and the schedule filed in reply by Mr McBride. [7] Mr McBride’s summary of the facts at paragraph 3 of his submissions in support of the application is correct as far as it goes, although he has generally omitted facts that I...

10. [2008] NZEmpC CC 5C/08 Vice-Chancellor of Lincoln University v Stewart [pdf, 46 KB]

    ...ground relied on by the Authority was that an important question of law was likely to arise other than incidentally. In reaching that conclusion, the Authority was influenced principally by the changes made in the amended statement of problem filed by Mr Cranney on 29 November 2007. They were said to have included 5 additional causes of action involving: a) breach of the New Zealand Bill of Rights Act 1990 b) contractual breach of the applicable collective agreement c)...