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1. [2011] NZREADT 6 Eden v CAC 10059 & Seddon Real Esate Limited [pdf, 120 KB]

   ...of the Act. [12] He submitted further that s 122 were clearly applicable as he (Mr Eden) was a party to the transaction referred to under s 122. [13] Mr Bean, on behalf of Seddon Real Estate, took no part in the action. However, he had filed a reply to Mr Eden’s evidence and submissions. He submitted that s 122 of the Act dealt solely with a “treatment of monies in trust accounts” and was not relevant to the dispute. He said that a nil balance was recorded for Seddon R...

2. Khan v New Zealand Law Society [2014] NZLCDT 18 [pdf, 83 KB]

   ...issue a practising certificate to the appellant. Such decisions are made by the Practice Approval Committee (“PAC”) of the New Zealand Law Society (“NZLS”), which declined the appellant’s application on 10 December 2013. The appellant filed three affidavits and was cross-examined on these affidavits before the Tribunal. None of the other deponents who included referees for the appellant and Mr C R Pidgeon QC who appeared for the appellant in the Fiji proceedings, were r...

3. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...believed to exist in terms of s 21(1)(h) and (2)(b) of the Act and if so, whether Mr Zhou has established on the balance of probabilities, that s 21B(1) excepts any conduct which would otherwise be unlawful. Both parties have been given an opportunity to file post- hearing submissions on these issues. See the Minute issued by the Chairperson on 26 August 2015. Mr Zhou responded on 31 August 2015 and Mr Jacobsen replied on 1 September 2015. These new submissions have been taken into acco...

4. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   ...element of intention. 6 [36] The Committee concluded that it had been proved, on the balance of probabilities, that the licensee had engaged in unsatisfactory conduct. Discussion [37] Counsel for the Authority noted that, in documents filed for this appeal, the licensee appears to accept telling the complainants that Council approval of the application regarding the wood-burner would simply be a “paper chase”, because the wood-burner had been installed “as per the man...

5. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...in favour of H Ltd. The Applicant intended to lodge an appeal against that finding but meanwhile a settlement agreement was reached between XX and the receivers of H Ltd, making the Applicant‟s appeal redundant. [5] The Respondent then filed a complaint with the New Zealand Law Society against the Applicant in respect of the court‟s finding that the Applicant had breached his professional obligation with regard to the undertaking. The Auckland Standards Committee 3 found...

6. Aylesbury v Milton LCRO 61 / 2009 (31 July 2009) [pdf, 36 KB]

   ...The applicant (through his lawyers) was not particularly forthcoming in this regard. [6] In the event payment was not made on 31 July. On 1 August 2008 the respondents stated that a bankruptcy notice had been prepared and that it would be filed and served unless a definite proposal for settlement was made that day. Some further correspondence occurred on 4 August in which the applicant’s lawyers stated that settlement of the sale of certain property had been delayed by virtu...

7. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...to expect of a reasonably competent lawyer in the way he acted in the administration in the estate of this matter. Costs for dealing with complaint [40] In the course of the hearing I noted that there was a suggestion on the documents on the file that the costs of dealing with this complaint might be seen as a legitimate cost to be imposed on the estate. I observe that in Watt v R (17 October 2006, Court of Appeal Glazebrook J, Ellen France J, Ronald Young J, CA131/06) a convicti...

8. Thomas v Auckland Council [2012] NZWHT Auckland 45 [pdf, 110 KB]

   ...and builder. He is said to have dealt with the Council and to have made all decisions concerning design and construction work, including the engagement of all subcontractors. [9] Mr Brown has never been located. I refer to the memorandum filed by the Council dated 15 February 2012 which confirms that Mr Brown was never served. Accordingly, no orders can be made against him. BACKGROUND [10] The third and fourth respondents, who I refer to as Mr and Mrs Sharma, pu...

9. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...the arrangement did not comply with the Act (the Law Practitioners Act 1982 in that case) and ceased the arrangement immediately. [49] It could be argued that the imposition of a censure is somewhat harsh. However, the sense I have from the file is not necessarily one of co-operation on the part of Messrs WB and WA coupled with an acceptance that the arrangement may need to be modified, but rather one of a refusal to consider that the arrangement did not comply with the Act and t...

10. Lakhan v The Real Estate Agents Authority (CAC 414) v Ling Zhu [2017] NZREADT 75 [pdf, 203 KB]

    ...findings, the decision to take no further action is properly made pursuant to s 89(2)(c) of the Act. [55] 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. _________________ __ ________________ ______...