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1. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   ...the Tribunal will only consider the grounds the Registrar considered to have potential support. The responses [17] The complainant filed a statement of reply, and agreed with the contents of the Statement of Complaint. [18] Mr Kumar filed an affidavit answering the complaint. [18.1] Mr Kumar said the complaint was invention, as there was no person in his practice that fitted the description of the unlicensed person who the complainant alleged provided services unlawfully. [18.2] M...

2. Jones - Pukawa D3 Trust (2015) 124 Waiariki MB 217 (124 WAR 217) [pdf, 246 KB]

   ...direct further research by any party, or by the Registrar from the court records: (g) direct the filing by any party of any valuation, land use, or other report that may assist the court in determining any matter in issue: (h) fix a time by which affidavits or other documents shall be filed: (i) exercise any powers of direction or appointment vested in the court or a Judge by the rules of court in respect of applications of the class with which the Judge is dealing: (j) give such...

3. [2013] NZEmpC 66 Hall v Westpac NZ Ltd [pdf, 83 KB]

   ...ground raised pursuant to 178(2) is that important questions of law are likely to arise in the matter, other than incidentally. 1 The decision of the Court with such an application is discretionary. Factual position [3] The parties have filed affidavits in support, answer and reply setting out their respective positions. Mr Hall was formerly employed by the respondent (Westpac). Westpac had a Career Break and Time Out Policy and after a lengthy period of employment Mr Hall...

4. Couper v Paki - Lloyd Alexander Couper (2012) 281 Aotea MB 156 (281 AOT 156) [pdf, 173 KB]

   ...so that avenue of enquiry also proved fruitless. Mr Turanga then said that because of a rift that had developed between his half-brother and his father further discussion over the succession and life interest issues was not pursued. [19] An affidavit was filed by Eileen Winiata confirming the events previously deposed by her uncle the Respondent. This evidence as not subject to challenge. The Law [20] Section 43 of Te Ture Whenua Māori Act 1993 states: (1) Subject to subsec...

5. Ms C v REAA & Whitehorn [2013] NZREADT 24 [pdf, 102 KB]

   ...including the licensee. [19] In Jackman v CAC 10100 & Anor [2011] NZREADT 34 we upheld a Committee determination to take no further action in respect of a complaint against licensee, Mrs Raos. She applied for an order under s.108 on the basis of affidavit evidence which deposed: [a] Her identification as a licensee complained about had the potential to have a significant impact on her reputation in the real estate industry notwithstanding the finding of no unsatisfactory conduct...

6. Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 Taitokerau MB 47 (57 TTK 47) [pdf, 347 KB]

   ...Hirschfeld who was unavailable due to a personal crisis. Mr Hirschfeld had taken instructions fi'om Waaka Popata who opposed the application. 57 Taitokerau MB 51 Notwithstanding the Comt's directions, Mr Hirschfeld did not file any affidavit evidence and Waaka Popata, who is in his late 80s, unwell and living in Auckland, did not appear at the hearing to give evidence. Instead, his nephew NOllnan Popata gave evidence on his behalf. [13] Norman Popata did not challenge...

7. Mr O v CAC 10028 & Mrs T - Sanitised [2011] NZREADT 2 [pdf, 172 KB]

   ...hearing of a charge. A charge once laid simply sets out a series of allegations whereas on appeal facts unfavourable to the appellant have already been established and more often than not a penalty imposed. 8 [43] The appellant has sworn an affidavit in support of his application as has his wife, setting out in some detail the distress and medical problems arising from the decision of the CAC which would be exacerbated if the decision is published. [44] The appellant deposes...

8. Auckland Standards Committee v Whale [2014] NZLCDT 22 [pdf, 89 KB]

   ...greater scale of the collapse of BridgeCorp which was the company connected with Mr Davidson. [28] Mr Davison emphasised the responsible approach taken by Mr Whale with a prompt admission of the charge before the Tribunal. Mr Whale had sworn an affidavit setting out his situation and the background to this charge and in it conceded that his conviction tended to bring the legal profession into disrepute “because of the association of a member of the (legal) profession with compa...

9. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...distinction to be somewhat tenuous in that clearly a dishonest use of a document was involved and in that sense could well be considered in a similar factual category as the present matter. Submissions for the practitioner [15] Mr Hylan swore an affidavit for the purposes of the penalty hearing which set out his personal background. It is the case that in disciplinary matters, because the sanctions are not punitive in their intent, that personal mitigating circumstances of the pr...

10. Auckland Standards Committee v Morahan [2015] NZLCDT 29 [pdf, 459 KB]

    ...finding as to the existence of a retainer from the client and the reasonable knowledge of the practitioner. For the moment, this decision concentrates on the factual matters raised in the last paragraph. The Evidence [11] The Tribunal received affidavit and viva voce evidence from the solicitor and the practitioner but not from Mr Toner. [12] The solicitor says: (a) At material dates he recognised the obligations upon him according to the Intervention Rule. He asserted that he...