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1. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [pdf, 186 KB]

   ...on 7 and 14 February 2017. [37] There is a statement of reply from Ms Tian filed on 15 January 2016. Submissions dated 18 November 2016 and 28 February 2017 were received from Mr Jenkin on behalf of Ms Tian, with Ms Tian also providing an affidavit affirmed on 6 December 2016. In summary, Ms Tian accepts she has been negligent and breached the Code in certain respects, but denies being dishonest or misleading. ASSESSMENT [38] I will deal with each head of complaint in the or...

2. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...Issue 3 [64] Since we have found misconduct, there is no need to consider the issue of unsatisfactory conduct.3 3 J v Auckland Standards Committee 1 [2019] NZCA 614. 14 Further Matters [65] We have carefully read the supporting affidavits that were filed by some of Mr Duff’s colleagues. These referred to Mr Duff’s positive qualities and said that Mr Duff has always properly accounted for his income as a lawyer and has not accepted under-the-table payments....

3. Moore - Lot 30 DP 40840 (being Oakura F2A) [2020] Māori Appellate Court MB 209 (2020 APPEAL 209) [pdf, 234 KB]

   ...1 Moore – Oakura F2A (2019) 204 Taitokerau MB 64 (204 TTK 164). 2 Being Harriet Purcell, Kahutai Roberts and John Roberts pursuant to s 438(1) of the Māori Affairs Act 1953. 3 Mr Hart swore an affidavit to this effect dated 28 November 2018. 4 Māori Affairs Act 1953, s 438(7). This section provided that an alienation by trustees need not be confirmed by the Court under Part 19, but the associated instrument of alienation required a

4. KM v TE [2021] NZDT 1619 (30 July 2021) [pdf, 264 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

5. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

6. LCRO 140/2021 TQ v RI (8 August 2022) [pdf, 185 KB]

   ...proceeding, due to the fact that the plaintiffs were incorrect, but RI, [Law Firm A] was adamant that I was unable to do anything to oppose these court proceedings, – which is in fact untrue, as subsequently RI, [Law Firm A], has now admitted in his affidavit, that the plaintiffs were incorrect (see Exhibit B). Also, as I was preparing these court documents for today, I found the following information regarding this matter which states about an “interlocutory application” (see Exhi...

7. [2021] NZACC 139 - Van der Lee v ACC (17 September 2021) [pdf, 310 KB]

   ...and the other ACC reviewers. But in my opinion based on the evidence presented above, it is on the balance of probabilities the cause of the tendon rupture. [e] The submission is made that the clinical advisory panel completely ignored the affidavits that the appellant provided. [29] In a written submission dated 9 February 2021, tendered to the Court, these points are emphasised: [a] At the time of the accident on 23 September 2018 “it was definitely not a control l...

8. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

9. LCDT Annual Report 2021 [pdf, 531 KB]

   ...multiple days. In this reporting period there was a case in which the liability phase only occupied five days. Hearing time is kept to a minimum by the Tribunal’s practice of taking all evidence in chief “as read”, and directing that affidavits are filed well in advance of the hearing. Unless a lawyer has indicated in advance that he or she acknowledges the charges, penalty hearings are normally held separately from the liability hearing, so that the Tribunal has the o...

10. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

    ...$200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...