Search Results

1. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...Technician’. She advised that Mr SO’s designated occupation of ‘Electrical Engineering Technician’ was confirmed as a Level 7, and of the need to claim bonus points in order to lodge without an offer of employment.” [20] Ms DZ assigned Ms SH to the file, and provided instructions, saying: “Mr SO will be the main applicant. His English is not very good, may need to do English course. His occupation is that of Electrical Engineering Technician. Please review qualifications...

2. HK v YS LCRO 64/2012 (17 February 2015) [pdf, 79 KB]

   ...leading up to her signing the will, or his attendance on her at the time she signed, is available on review. Neither Mr HK nor Mr YS was there at the times he executed the 2000 will. [41] Again, if substantially helpful information from Mr ET’s file had existed, it should have been presented to the Committee either with Mr HK’s complaint or in the course of correspondence with NZLS in the complaint process. [42] Mr YS is firm in his position that he did not act for Mrs RV in...

3. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...beneficiaries of the Trust; the other acted in the administration of the Estate. Both law firms were in correspondence with the Practitioner in seeking ways forward in resolving the disputes. Copies of the correspondence were on the Standards Committee file, and refer to the authors’ dissatisfaction that the Practitioner had not responded to proposals that had been forwarded. [41] Evidence of delays was before the Standards Committee but the Committee did not specifically ad...

4. WK v YL LCRO 132/2014 (26 Aug 2015) [pdf, 55 KB]

   ...her advice in June 2010 and she explained that the mortgage could not be registered, that it was open to Ms WK to register a caveat against the title to the property, but that doing so would attract risk. [20] Ms WK subsequently uplifted her files, but not the mortgage, from Ms YL. [21] In January 2011 Ms WK registered a caveat against the property. [22] In March 2011 Mr ZM’s property was sold at mortgagee sale. The sale proceeds were insufficient to repay the amounts secured b...

5. SW v RD LCRO 2/2012 (24 September 2015) [pdf, 62 KB]

   ...role of this Office on review, and by the opportunity Mr SW has had in the course of this review to respond to specific concerns raised by this Office at the review hearing and in submissions. [25] Mr SW accepts that he signed the consent. By filing the consent as part of Ms CH’s application, Mr SW sought a direction that any protection order made for Ms CH’s benefit also apply for his own, pursuant to s 16(2) of the Domestic Violence Act 1995 (DVA). Section 16 provides for...

6. Chung & Anor v Yap [2014] NZIACDT 109 (10 October 2014) [pdf, 193 KB]

   ...essentially left the matter to the Tribunal. Mr Yap [7] Mr Yap did not make any submissions on this complaint. However, there is another complaint where the Tribunal made very similar adverse findings against him and in respect of which he did file submissions on sanctions. The Tribunal will consider Mr Yap’s submissions regarding his intention to take steps to put his practice in order in relation to this complaint as well. This and the other complaint have their respective decisions...

7. IW v SD LCRO 1 / 2011 (9 March 2012) [pdf, 88 KB]

   ...attendances for the period 27 November 2009 to 2 February 2010 in the sum of $25,684.00. With GST and administration costs the account totalled $29,616.86. The Applicant was unhappy with the size of the account and ultimately on 16 March 2010 filed a complaint with the New Zealand Law Society (NZLS) Complaints Service, alleging that the hours of work invoiced were “excessive for the work”. Also that “hourly rates (had) increased without notification, some by 33%”, and tha...

8. SM v ML LCRO 79 / 2011 (22 November 2012) [pdf, 130 KB]

   ...of one of the other trustees of this Estate consequently squashing a cash sale for the family home. [16] He complained that ML was duplicitous in that he had instructed the real estate agency which had listed the property for sale to return all files to his office. He also complained that fees had been deducted from Estate funds without agreement from all trustees. Finally SM complained about ML’s stated intention to apply to have him removed as a trustee. [17] On receipt of SM...

9. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

   ...Practitioner submitted that she was required to follow the instructions of her client. The Practitioner stated that H had been determined to leave nothing to the Applicant. 4 Considerations [14] I have considered the Standards Committee file and also the evidence of the parties at the review, as well as submissions made by the Practitioner’s counsel. [15] H consulted the Practitioner to make the will after she had been diagnosed with terminal cancer. The Applicant d...

10. LCRO 242/2014 HW v DL [pdf, 122 KB]

    ...2012, the [Bank 1] borrowing was refinanced through [Bank 2]. The respondent did not act for Mr HW at that time. [8] Mr HW says he did not realise the property had been transferred into his sole name until September 2013, when he uplifted his file, or a copy, from the respondent. [9] Mr and Mrs HW lodged their complaint on 29 January 2014. The complaint and the Standards Committee decision [10] The Committee identified the issues to be addressed as being that Mr DL (the res...