Search Results

1. Nelson Standards Committee v Webb [2011] NZLCDT 13 [pdf, 114 KB]

   ...investigation that he had emailed Milford and Dormer with information that his parents were to be the house-sitters; he maintained that position when giving evidence to the Tribunal, but, when pressed, accepted he may have been mistaken. He said in an affidavit filed with the Tribunal that he had advised Milford and Dormer of his parents’ involvement by telephone and when cross-examined about that evidence, he developed some supporting scenarios before finally accepting there ha...

2. Nelson Standards Committee v Webb [2011] NZLCDT 13 [pdf, 114 KB]

   ...investigation that he had emailed Milford and Dormer with information that his parents were to be the house-sitters; he maintained that position when giving evidence to the Tribunal, but, when pressed, accepted he may have been mistaken. He said in an affidavit filed with the Tribunal that he had advised Milford and Dormer of his parents’ involvement by telephone and when cross-examined about that evidence, he developed some supporting scenarios before finally accepting there ha...

3. Nelson Standards Committee v Dallison [2011] NZLCDT 40 [pdf, 66 KB]

   ...somewhat evasive. [19] The practitioner has taken rehabilitative steps by disposing of his practice and working under supervision of a senior practitioner. However this mitigating feature was somewhat diluted because, surprisingly, there was no affidavit from that practitioner in support of his employee, or indeed to describe the level of supervision undertaken. We found that somewhat odd given the penalty being (jointly) sought of ‘not to practice on his own account’. We do...

4. Wellington Standards Committee v Nalder [2015] NZLCDT 5 [pdf, 142 KB]

   ...drawer to obtain a copy of a will of Mr Hancock, then one of Australia’s richest men in an attempt to obtain confidential information that he could then exploit for his own personal gain.1 [19] In this matter Ms Nalder has filed her own full affidavit completely accepting, from the outset, her fault in disclosing the document and stating what steps she had taken to make good this serious lapse in professional judgment. She immediately resigned her job and apologised to the testat...

5. Nicholls v Nicholls - WT Nicholls Trust [2013] Māori Appellate Court MB 515 (2013 APPEAL 515) [pdf, 168 KB]

   ...Oamaru Bay and to prevent their entry or occupation of the Oamaru Camping Ground.1 [2] On 18 January 2013 an application was filed by the trustees for a memorandum transmitting the order by way of injunction to the High Court for enforcement. Affidavits as to service of the injunction order on the affected parties, as required by rule 9.8(1), were received dated 24 January 2013, 7 February 2013 and 14 February 2013 and 20 February 2013. [3] On 25 January 2013, a Notice of Appe...

6. Ching v Regmi & Ors [2014] NZWHT Auckland 4 [pdf, 94 KB]

   ...a duty of care owed to Mr and Mrs Ching? d) What is the quantum of Mr and Mrs Chings’ loss? e) What is the correct apportionment of contribution between Mr Choo and the Council? [6] Before I address the framed issues, I record that the affidavit of Aaron Sewell on the hearing file deposes that Mr Sewell personally served the claim documents on Mr Choo. Mr Choo has been provided with all further relevant documents including notice of the hearing on 12 March 2014. He has...

7. [2009] EBIIWU & ors v Carter Holt Harvey Ltd [Chief Judge Colgan, AC 22A/09, 9 December 2009] [pdf, 34 KB]

   ...further written submissions from the parties on the question of compliance of the employee protection provision (EPP) with the statute. [2] I note that Mr Yukich purported to file a further brief of evidence of Mr Moengaroa in the form of a sworn affidavit dated 22 June 2009 but in the absence of any application for leave to admit that evidence or consent by the defendant to its filing, I have not taken it into account. [3] I regret the delay in delivering this judgment...

8. LCRO 240-2015 OB v LC [pdf, 103 KB]

   ...complaint about Mr LC refers to a transcript of the X Court hearing and suggests Mr K’s conduct was entirely beyond reproach. The only attachment to Mr OB’s complaint that progressed to the Committee in support of Mr OB’s comments was an affidavit sworn by Ms B on 19 March 2014 in defence of Mr K. [7] Ms B says she was seated at the back of the court in the public seating area during a judicial conference and observed the events that were to become the subject of Mr OB’s...

9. Auckland Standards Committee 2 v Bogiatto [2017] NZLCDT 27 [pdf, 302 KB]

   ...on 1 April 2016 for $7,043.75 to take into account the previous invoice. The client was sent a statement of account which did not record 1 Refer paragraphs 16-19 of respondent’s first affidavit sworn on 31 May 2017. 8 the earlier invoice but showed a tax invoice for $5,175 and a further tax invoice for $10,925 making a total of $16,100. [29] The inference drawn by the Inspectorate was that the earlier invoice had...

10. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

    ...misrepresentation was only misleading as a matter of logic. [19] The complaint was the Authority’s, and Mr K was satisfied with the service he received. In these circumstances, consumer protection is not a real concern, and Mr K confirmed this in an affidavit presented in support of the submission. [20] Mr van Zyl produced a written statement in which he explained: [20.1] At the time, he genuinely believed he was complying with the requirements. [20.2] He approached the role he ha...