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1. LCRO 156/2016 KZ v XL on behalf of [Company A] (18 January 2019) [pdf, 320 KB]

   ...Council (the Council) was better suited to the District Court than to the WHT. Although limitation issues can also arise in the District Court, this was not an issue with [Company A]’s proceedings in that jurisdiction. [6] In July 2012 [Company A] filed, but did not serve, proceedings in the District Court against the Council in relation to the leaky building (the District Court proceedings). At the time that it filed the District Court proceedings [Company A] had some general a...

2. NT v Parker [2019] NZIACDT 62 (4 September 2019) [pdf, 289 KB]

   ...she was filling in the expression. Ms Cheng replied that she was doing it “now”. At 12:43 pm, an employee sent an email to the complainant requesting information. The complainant then asked Ms Cheng by text at 3:12 pm whether it had been filed. Ms Cheng replied that a second person check was being done. [25] The complainant had the following text exchange with Ms Cheng at 8:30 pm on 24 April 2017 (as translated verbatim): [The complainant]: that [employee] said my eoi is qu...

3. Hart v Auckland Standards Committee 1 of the New Zealand Law Society CIV 2012 404 5076 5528 [pdf, 515 KB]

   ...Mr Hart’s client applied for legal aid, this was declined. Mr D rendered invoices in mid-2008 for sums totalling $4,682.36. Mr Hart paid half of this sum after Mr D complained to the Law Society in April 2009, and paid the balance after Mr D filed a claim against Mr Hart in the Disputes Tribunal. [4] Charge one alleged that Mr Hart was guilty of misconduct in his professional capacity in failing to inform Mr D that payment of his fees was subject to the Legal Services Agency (...

4. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...been changed. DECISION Introduction [1] Ms PR has applied for a review of a decision by the [City] Standards Committee [X] which determined Mr HG’s complaint on the basis that there had been unsatisfactory conduct on her part in that she had filed documents in Court alleging deceit, without having taken appropriate steps to ensure that reasonable grounds for making the allegation existed. Background [2] Ms NC as instructing solicitor instructed Ms RM1 and Ms PR as counsel fo...

5. [2021] NZACC 176 - Renton v ACC (5 November 2021) [pdf, 728 KB]

   ...the appellant consulted Mr Sara, and further medical opinion was sought as to the likely nature of the appellant’s medical condition, presented on 4 March 1997, and seen by Professor Bishara. [13] On 21 September 2007 a Notice of Appeal was filed, some three years out of time. After a protracted history, not set out here, a decision was issued by Judge Beattie on 15 November 2010. Additional concerns had been raised in the course of the appeal regarding the possibility of medi...

6. ENVC paper Justice Without Barriers AIJA Conference 2015 [pdf, 456 KB]

   ...than are known in our normal appellate work. An example of this is a recent case about a proposal for a new marina in a bay on Waiheke Island near Auckland, involving 310 parties. The use of the website has been expanded in this instance beyond the filing and service of materials, and is being used for many other types of communication as well. For instance, Minutes issued during the course of case management, and Memoranda received from parties, are routinely lodged and exchanged w...

7. Chase-Seymour - Paenoa Te Akau (2015) 114 Waiariki MB 195 (114 WAR 195) [pdf, 209 KB]

   ...86-89, dated 20 September 2013 (Heard at Taupō) Judgment: 3 March 2015 RESERVED JUDGMENT OF JUDGE P J SAVAGE 114 Waiariki MB 196 Introduction [1] On 17 December 2012 I made orders in relation to two applications filed with the Court seeking to partition the Māori freehold land known as Paenoa Te Akau block as follows: 1 (a) section 289 granting the partitions of Paenoa Te Akau block as follows (i) Paenoa Te Akau A, (A20090001596) (formerly...

8. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...[2] In 2012, AFS and AFT discovered that the tiling in the shower of the main bathroom had leaked extensively, rotting the surrounding structures. They had no option but to rebuild the affected areas at a cost of $14,247.47. [3] AFS and AFT filed a claim against ZUE for this sum. Prior to the hearing, the Tribunal joined ZUD, who was a joint vendor of the property with ZUE, and the tiler, KK, to the claim, being parties that could also be liable and therefore needed to attend....

9. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

   ...retainer with the Applicant in breach of Rule 4.2 of the Lawyers: Conduct and Client Care Rules, and that this constituted unsatisfactory conduct. The Committee determined that the finding of unsatisfactory conduct recorded against his professional file, and an apology, were a sufficient penalty. It declined to consider the Applicant‟s claims for compensation. [3] The Committee concluded that P2‟s conduct was unsatisfactory in that he had failed to act in a competent and...

10. Te Wani v Peters - Te Puru No 5 (2016) 124 Waikato Maniapoto MB 272 (124 WMN 272) [pdf, 204 KB]

    ...Jimmy Peters a right to occupy part of the block. That right however was conditional upon Mr Peters paying “rent” of $350.00 per annum and his portion of rates. 1 I went on to express reservations about the accuracy of the quantum evidence filed by the applicants and directed that they file further evidence on that issue. [2] In the second decision I assessed the quantum evidence filed by the applicants. I arrived at a point whereby I fixed the amount owing by Mr Peters to the...