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1. Mr E v REAA & Mr N [2013] NZREADT 27 [pdf, 39 KB]

   ...submissions from counsel or if required for counsel to indicate if a brief hearing should be reconvened to argue this point. Can counsel please contact the Registry within seven days to indicate if a further half day is required or if submissions will be filed. The Tribunal will then set a timetable for the hearing. [23] Since issue of this interim decision the Tribunal have not received any further submissions. In addition Mr E through his counsel indicated that he did not wish to m...

2. Miller v CAC 10017 & McAtamneys [2012] NZREADT 25 [pdf, 127 KB]

   ...reliance on the part of the complainants; and that the focus of these proceedings must be on the conduct of the licensee, irrespective of whether loss has been caused to the complainants. The Basic Stance of the Appellant [10] Mr Parker has filed very helpful opening submissions for the appellant on the substantive charge; but it is not appropriate to discuss them in relation to the said threshold issue now before us. [11] The appellant’s grounds for appeal are as follows:...

3. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 47 [pdf, 85 KB]

   ...9 [2013] VSCA 374. 10 [2008] VCAT 2399, Judge Ross. 11 [2014] VCAT 251. 8 [32] In relation to Charge 2 we also accept the submission for the Standards Committee that the misleading approach initially taken with the Tribunal by the filing of a formal response containing false information is an aggravating feature of the second charge. [33] As to aggravating features of Charge 1, we reject the submission that Ms S was not a vulnerable person at the time the practitione...

4. Wellington Standards Committee v McGuire [2013] NZLCDT 41 [pdf, 120 KB]

   ...his acceptance that he was wrong to conduct himself as he did. [17] He seeks substantial costs from the Standards Committee. He bases his entitlement to costs on matters set out in his “Award of Costs – Submissions by Practitioner” filed with the papers for the penalty hearing. They include: (a) Claims of “a serious issue about the propriety of the way the complaints were managed from the outset”.3 (b) Suggestions that the involvement of a particular Complaint...

5. Dixon v CAC 20004 & Anor [2014] NZREADT 98 [pdf, 42 KB]

   ...Ms Baker said that she did not know why the floor was sloping and she rang the vendors. Ms Baker says she rang the vendors in front of Ms Dixon and asked them about the sloping floor. At that time Ms Baker says she also showed Ms Dixon the box file containing all the material that the vendor had supplied about the work done on the property including all the Code Compliance Certificates they had received. Ms Baker said that the vendor told her that they had not repiled the property but...

6. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

   ...have been bankrupted at the behest of the IRD. We note that in his submission to us, the defendant suggests that he intends to repay his debts. We do not have precise details of his liability to complainants and, presumably, those complainants have filed as creditors in the bankruptcy. To cover any eventuality, we reserve leave to apply on the issue of compensation. [26] At this point, we know of no compelling reason to grant name suppression as the defendant seems to be seeking. H...

7. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 KB]

   ...and date of birth, and the form, which was not completed. He engaged a different adviser the following day, and told Mr R that he had done so. [13.3] Mr R completed parts of the agreement without further authority from the complainant. [14] Mr R filed a memorandum and an affidavit. The key elements in his response were: [14.1] He accepts the fee could not be recovered, as the agreement was not sufficiently clear as to the basis for calculating the fee. [14.2] The complainant was not...

8. BM v YI LCRO 124 / 2010 (7 April 2011) [pdf, 96 KB]

   ...doors does not diminish the complete certainty, that the sheer volume of compelling information (supported by compelling corroborating evidence) that I provided senior barrister [Respondent], coupled with: His access to extensive courts and other files. Access to discussion with [Mr S] and myself to clarify any item. His exceptional legal mind, knowledge of Statutes, case law and so on. Access to other, equally exceptional, learned council [sic] His exceptional professional b...

9. CP v XF LCRO 191 / 2010 (20 June 2011) [pdf, 99 KB]

   ...have been changed. DECISION Background [1] The Respondent was appointed by the Family Court as lawyer for the child of the Applicant (J). That appointment terminated on 2 March 2010 following a report by the Respondent recommending that the file be closed. [2] The complaint by the Applicant was lodged on 11 May 2010 and includes the following allegations:- That the Respondent was extremely rude in a telephone call to the Applicant. That the Respondent had a conflict of int...

10. FT v NSC LCRO 259 / 2010 (21 October 2011) [pdf, 90 KB]

    ...Committee, UQ, related to both matters. As a result, large portions of my decision in that matter are relevant to this decision and for the sake of completeness I will incorporate those parts in full into this decision. [8] In submissions filed by FT prior to the hearing, he stated that he had but one submission, namely that the LCRO either “rule that it is perfectly acceptable in a purported Western democratic society that I can potentially be disbarred for misconduct (as I...