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1. Auckland Standards Committee v Davidson [2012] NZLCDT 28 [pdf, 119 KB]

   ...Solicitor. We note that situation is distinguishable from the present case, in that the practitioner involved in that matter made improper use of his position as a Chairman for personal gain. That is not the situation here. Reputation [39] In an affidavit in reply the Standards Committee has annexed a number of media reports about the Bridgecorp collapse, which include Mr Davidson’s name. Some of these refer to him as a lawyer. [40] It is our unanimous view that media reports...

2. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...employment was made by a third person (a team leader) due to production orders dropping. Two other temps working in the same team as Ms Scarborough also had their temporary assignments terminated on the same date for the same reason. [6] In his affidavit filed in support of the present application Mr McColl again emphasises that he never met or spoke to Ms Scarborough and her complaints are completely without foundation. His reasons for seeking an order prohibiting publication of his na...

3. Allington v REAA & Anor [2014] NZREADT 6 [pdf, 128 KB]

   ...a very assured and confident witness but rather tense over this situation, if not uncomfortable, under cross-examination by Ms MacGibbon, However, she was very assertive under cross-examination by the appellant. 7 [28] By consent, an affidavit was filed by one of the vendors fully supportive of the process and conduct of the licensee. The vendors are close friends of the licensee. That line of evidence was repeated by the other vendor. The stance of the appellant [29]...

4. Shin v Whangarei District Council [2011] NZWHT Auckland 14 [pdf, 159 KB]

   ...a date upon which they say the building contract was completed. They say that, although the house was „substantially complete‟ when possession was given and taken on about 16 December 1990, „building work continued into 1991‟. In his affidavit Mr Johnson says that items were finished by Mr Watson „during early 1991‟, after they had moved in. No details are given. There is, however, no suggestion that any of this post 16 December 1990 work was causative of the proble...

5. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...from his correspondence) since among the correspondence he expresses his grievance about being “unlawfully bankrupted as a result of an invalid Property Law Act Notice”. He alleged that the Practitioner had deliberately misled the Court in an affidavit he had sworn, and which led to the Court granting the first mortgagee possession of one of the mortgaged development properties. The Complainant explained6 that his own lawyer had not picked up an error in the PLA notice, which...

6. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...should explain the allegations in the complaint with reference to her records and produce those records. Response to the interim decision [13] The adviser, through her counsel, responded to the interim decision. The response did not include any affidavits, or an application for an oral hearing. The response comprised submissions that contended: [13.1] The complainants failed to inform the adviser of the character issue; she could not have anticipated it. [13.2] Delay in filing the a...

7. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

   ...hearing on 15 February 2017 and various timetabling orders were made. Evidence was filed for Mr Domingo. No evidence was filed or presented on behalf of the defendant. Accordingly the hearing proceeded on the basis of Mr Domingo’s unchallenged affidavit evidence and legal submission. Non-compliance - s 140(6) [10] Prior to making any of the orders set out in s 140(6), the Court must be satisfied that the person has failed to comply with a compliance order made under s 1...

8. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...practice audit about a year later. [15] The practitioner, when the matter was drawn to her attention, promptly acknowledged her error and immediately sought and obtained professional indemnity cover to avoid such a situation in the future. In an affidavit filed with the Tribunal the practitioner said; “I signed the solicitors undertaking in some haste, it was an unfortunate oversight by me at the time, but I simply did not note the requirement for professional indemnity i...

9. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...It was Ms Buczkowski’s obligation as an agent to advise Mr Spring and Ms Norris of the risks of accepting a tender with a post-dated deposit cheque. Mr Spring claims he was not told of the risks. Mr Spring does not address this issue in his affidavit of 6 September 2017 (but does in his other written material), but Ms Buczkowski states she did inform the vendors of the risks of a post-dated cheque. She produced copies of the file notes she made in her diary on 26 March 2013. A...

10. Ketu - Estate of Te Ringahuia Rangitakatu [2018] Chief Judge's MB 237 (2018 CJ 237) [pdf, 380 KB]

    ...of Computer Interest Register 488491 (4 August 2009) M. 39 Aotea MB 110 (13 May 1994) (Minute and Order) N. Statement of Ida Teiria Kaipara Hiri (11 September 2014) O. A Letter from Te Iria Ida Kaipara Hiri to Hori Rihia (16 February 1984) P. Affidavit of Frances Barbara Te Haa Ketu (21 August 2017 2018 Chief Judge’s MB 241 11. The Memorandum of Counsel (‘MoC’) states that as per the terms of the Maori Will the Mr Te Waa was to take sole and absolute ownership in the To...