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1. Mok v Boyd [2011] NZWHT Auckland 1 [pdf, 94 KB]

   ...Trustees Executors Ltd v Wellington City Council HC Wellington, CIV-2008-485-000739, 16 December 2008. 2 At [51] per France Simon J. 3 At [52] per France Simon J. Page | 4 set for submissions on this removal application. Mr Boyd then filed his affidavit of 14 May 2010 deposing that Mr Tibbits was the builder responsible for virtually all the defects. On the basis of this affidavit I concluded that there was a material factual dispute on the extent of Mr Tibbits‟ invo...

2. [2009] EBIIWU & ors v Carter Holt Harvey Ltd [Chief Judge Colgan, AC 22A/09, 9 December 2009] [pdf, 34 KB]

   ...Employment Relations Authority BETWEEN EASTERN BAY INDEPENDENT INDUSTRIAL WORKERS UNION INC First Plaintiff AND JIM MOENGAROA AND OTHERS Second Plaintiffs AND CARTER HOLT HARVEY LIMITED Defendant Hearing: By memoranda of submissions filed on 24 June, 14 and 21 July 2009 Appearances: LJ Yukich, Advocate for Plaintiffs Peter Kiely and Daniel Erickson, Counsel for Defendant Greg Lloyd, Counsel for NZ Amalgamated Engineering, Printing and Manufacturing Union as Intervener...

3. Nisha v Devi [2011] NZIACDT 23 (7 July 2011) [pdf, 90 KB]

   ...client could withdraw, but would receive no refund of fees. [6.4] From 9 May 2009 to 15 August 2009, the Complainant paid fees totalling FJ$2,738 to the Adviser. In September 2009, the Adviser’s Fiji office closed and the Adviser dealt with the file in Auckland. [6.5] On 7 October 2009, the Adviser’s office informed the Complainant another NZ$80 should be paid due to an increase in registration fees. On 16 October 2009, the Complainant paid a further NZ$736.69. [6.6] In October 2...

4. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...interpretation of the Agreement concerning valuation of the shares purchased from a defaulting member. Clauses 17 and 19 which governed these matters were perceived to be inconsistent. [7] Although the dispute has since been settled, the Applicant filed conduct related complaints against the Practitioner who had acted for the majority shareholders of the company in relation to that dispute. [8] One complaint was that the Practitioner’s firm had been negligent in the professiona...

5. RU v MW LCRO 293 / 2011 [pdf, 94 KB]

   ...that (a) under legal aid, legal representation was decided and supplied by or through the Legal Services Agency, and (b) that he 3 could make an application himself without the need of a lawyer. (There is no copy of this second opinion on file so presumably this advice was verbal.) [8] He considered that the Practitioner’s bill was not fair and reasonable because the Practitioner “had not acted in [the Applicant’s] best interests and had given [the Applicant] poor ser...

6. Appalasamy v Yap [2014] NZIACDT 16 (25 February 2014) [pdf, 98 KB]

   ...response to the complaint is: [9.1] He did not withhold information from the complainant. [9.2] He sent the relevant information regarding dependents and the age restrictions on qualifying as a family under a parent’s visa promptly after opening the file and studying the complainant’s case. [9.3] When he offered a 30% refund, he was not aware of the issue relating to the complainant’s children. [9.4] Later he realised the depth of the problem with the complainant’s children a...

7. [2016] NZEnvC 255 Save Erskine College Trust v Erskine Development Limited (formerly known as A Good Day Out Charters Limited) [pdf, 292 KB]

   ...instance as to whether there should be an undertaking as to damages and/or security for costs, so the hearing was not one about whether there should be a full substantive enforcement order made at this time. Discussion [10] Detailed affidavits were filed on both sides, followed by focussed legal submissions about the quite complex interface between HASHAA and the RMA on these matters. [11] Given that the hearing was being held just before Christmas, and under urgency, but recogn...

8. [2018] NZLCDT 20 National Standards Committee v Young [pdf, 111 KB]

   ...take account of this fact particularly, since that issue was given considerable weight by the High Court in Deliu,6 in relation to much more serious misconduct. [24] Against this we do note with some concern that even after engaging counsel who filed succinct and cogent submissions on his behalf, Mr Young had sufficient lack of understanding of the process that he subsequently filed his own submissions, some of which still sought to challenge the Tribunal’s findings, and relitigate...

9. Evans - Waitara West 52C - (2018) 383 Aotea MB 43 (383 AOT 43) [pdf, 317 KB]

   ...difficult to work with. Ms Taylor denies this. She argues that she has both the experience and the support of the owners to be a trustee. [2] Ashley Hoete also objected to the nomination of Andrew Wilkie. He was given until 22 December 2017 to file submissions setting out his reasons. No submissions were received from Mr Hoete and so Mr Wilkie was appointed at the last hearing. [3] The application was last heard on 13 February 2018.1 I directed Ms Taylor to file a written res...

10. Hawke’s Bay Standards Committee v Hill [2017] NZLCDT 40 [pdf, 158 KB]

    ...fitness to practise or tends to bring his profession into disrepute.” The conviction was that of the criminal breach of trust under s 229 of the Crimes Act 1961. [4] Following the Court of Appeal decision, Mr Squire QC, on behalf of Mr Hill, filed a memorandum with the Tribunal acknowledging that this most recent charge had been made out. The memorandum signalled that Mr Hill wished to minimise his further exposure to costs and would not be appearing at any penalty hearing nor...