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1. Alice Wouters v The Real Estate Agents Authority (CAC 412) & Thomas Richardson [2017] NZREADT 72 [pdf, 188 KB]

   ...action on Ms Wouters’ complaint against Mr Richardson. The appeal is, therefore, dismissed. [36] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. 2017 NZREADT 72 - Wouters Observation [37] Although th...

2. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 76 [pdf, 190 KB]

   ...within 12 months of the date of this decision. [38] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ____________________ Hon P J Andrews Chai...

3. Auckland District Law Society v J [2010] NZLCDT 24 [pdf, 301 KB]

   ...threatening to cancel the contract and find another contractor. Mr J, the practitioner in this matter, was the solicitor acting for the developer and Mr R was the solicitor acting for the contractor. (Subsequently Mr D C, barrister, took over the file from Mr R or another intermediate barrister but this was much later into the dispute.) [6] On 10 January 2006 Mr R sent the following email to Mr J: “Enclosed for your attention an email forwarded to M C of your office. My clien...

4. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...doing, to avoid repeating its earlier mistakes. [44] Mr Nathan’s application is dismissed. [45] Costs are reserved. My preliminary view is that costs should lie where they fall. If either party wishes to apply for them memoranda may be filed. K G Smith Judge Judgment signed at 1.00 pm on Monday 12 March 2018

5. [2016] NZEmpC 80 Tribe v John Scott & Co Ltd [pdf, 108 KB]

   ...already acted on its reasonably held understanding that Mrs Tribe had resigned and had appointed another person to the position. Conclusion [31] The challenge is dismissed. [32] If the parties are unable to agree costs, the defendant is to file and serve a memorandum and any supporting material within 20 working days; the plaintiff within a further 15 working days and anything strictly in reply within a further 5 working days. Christina Inglis Judge Judgme...

6. DL v VM LCRO 282/2014 (17 May 2016) [pdf, 48 KB]

   ...any unfairness delay may have caused where, as here, a practitioner links perceived unfairness to delays in the process of review by this Office. That point cannot be advanced further in the course of this review. [20] Mr and Mrs VM do not wish to file further submissions, and rely on their submissions to the Standards Committee. Analysis [21] Mr DL has not adduced new evidence in support of his application for review, which I have carried out on the basis of the information prov...

7. DH v EJ LCRO 207/2014 (13 April 2015) [pdf, 62 KB]

   ...(the Act). [2] The Committee censured Mr DH, ordered him to pay a fine of $2,000, and $500 in costs and expenses to the New Zealand Law Society (NZLS). Background [3] Mr DH acted for a defendant in a criminal matter. Ms EJ had conduct of the file as police prosecutor. In the course of representing his client, Mr DH sent an email to Ms EJ, and Court staff, the substance of which said: Hi All 2 I act for [client]. He is going to plead guilty to all charges. Currently t...

8. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...total sanctions. [57] Ms McHugh is not the only person holding a licence in her practice. Accordingly, the cancellation of her licence will not be deferred to allow her to put her practice in order as there are others who can take over the active files she has. Compensation and refund of fees [58] It has been a longstanding criticism of some professional disciplinary processes that they do not include jurisdiction to require a professional who is at fault to compensate the client. Tha...

9. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

   ...submissions (whether or not the Authority or the complainants make submissions) within 15 working days of the issue of this decision. [56.3] The Authority and the complainant may reply to any submissions made by the adviser within 5 working days of him filing and serving those submissions. DATED at WELLINGTON this 23 rd day of June 2014. ___________ G D Pearson Chair

10. Potaka - Lots 37-49 DP 34051 Waipapa 1J5 (2008) 216 Aotea MB 266 (216 AOT 266) [pdf, 2.3 MB]

    ...section 134 of the Act, 162 Aotea MB 233 before being vested in the current applicants following payment of the purchase price on 22 August 2006, 174 Aotea MB 195. Present proceedings [4] On 8 October 2007 the solicitors for the applicants filed an application for an easement. They also noted that Land Information New Zealand required a partition order from the Court before any subdivision of the land could occur and new certificates of title issue. Following that on 9 January 2...