Search Results

1. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...solicitor claimed that the failure to manage the investments was conduct as a trustee/executor and not a solicitor. As such he ought to be entitled to claim the benefit of an indemnity provided to trustees and executors in the will. The Court of Appeal accepted this argument. [27] That case affirmed the principle that the roles of solicitor and executor/trustee are distinct, even if they are held by the same person. However, it sheds little light on the question in issue here. That...

2. Barnes - Te Horo 2B2B2B Residue (2008) 125 Whangarei MB 11 (125 WH 11) [pdf, 2.8 MB]

   ...discretion (and consequently repealing sections 153 and 154) and that Parliament did not similarly amend section 164. [18] Not surprisingly, the Maori Appellate Court confirmed that the Com1's power under section 164 is discretionary in Re Appeal by Northcraft (Maori Appellate Com1, 27 October 1995) and in Re Carolyn Phillips 6 WHAP 271. I will return to these decisions sh0l1ly. [19] As a footnote to this discussion I observe in relation to section 213 of the Maori Affairs Ac...

3. Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TKT 227) [pdf, 348 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Māori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [15] Henare v Māori Trustee - Parengarenga 3G sets out the principles for rehearing: 2 [18...

4. Ngatai-Maynard - Okahu B1A (2003) 128 Aotea MB 14 (128 AOT 14) [pdf, 790 KB]

   ...mentioned in the last report he needs to make a substantial effort to comply with the noxious weeds before the Lease expires and on a continuing basis from then on if renewed. " Discussion Two relevant cases are the decisions of the Court 'of Appeal in England and New Zealand respectively, Joyner v Weeks [1891] 2 QB 31 and Maori Trustee v Rogross Farms Ltd [1994J 3 NZLR 410. The rule in Joyner v Weeks was stated by the English Court of Appeal thus (at p43): It ••• [W]...

5. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...was the subject of the complaint to the amount of $23,920.00; and (c) Century 21 was ordered to pay the Complainant costs and expenses incurred in bringing the complaint to the amount of $4,347.83 plus GST. [5] This decision was confirmed on appeal. 3 Mr Schembri [6] The Tribunal found that Mr Schembri breached s 36(2A) of the LCA (Lawyers & Conveyancers Act) as he had prepared the sale and purchase agreement while newly qualified. The Tribunal concluded that Mr Sc...

6. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...to take no further action on the October 2013 complaint was made pursuant to ss 138(1)(f) and 138(2) of the Lawyers and Conveyancers Act 2006 (the Act) and was expressed as grounded on the following:1 … Ms LO had an adequate remedy or right of appeal that would be reasonable for her to exercise and, after having regard to all the circumstances, no further action was either necessary or appropriate. [11] That explanation follows approximately the statutory wording. What in essence t...

7. AT v RN LCRO 47/2015 (29 September 2016) [pdf, 90 KB]

   ...and Scope of Review [17] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

8. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...All ER 838. 5 Above n 4, per AL Smith LJ at 288. 6 Baker v Samuel-Thomas – Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) at [26] and Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake)Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 75 Tākitimu MB 96 [18] Injunctions of the nature contemplated by s 19(1)(b) are invariably interim, in that they seek to protect a plaintiff pending determination of substantive proceedings. In this regard, the Court o...

9. [2021] NZACDT 14 - YC v Wan (29 June 2021) [pdf, 133 KB]

   ...complainant’s complete file. Mr Wan replied on 27 September 2019 attaching (electronically) certain files. Mr Gu made a further comprehensive request for documents on 11 October 2019, but Mr Wan did not provide any additional documents. [14] An appeal to the Immigration and Protection Tribunal (IPT) was made by Mr Gu, on behalf of the complainant, on 23 October 2019. It was presumably unsuccessful. [15] On 7 November 2019, Mr Gu made a complaint against Mr Wan and Ms Han to t...

10. Gemmell v Phillips - Mohaka A4B (2023) 103 Takitimu MB129 (103 TKT 129) [pdf, 264 KB]

    ...Arthur Gemmell, Carol Whatuira, Claude Gemmell and Samuel Gemmell. 2 See Deputy Registrar - Mohaka A4B (2021) 102 Tairāwhiti MB 177 (102 TRW 177); Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] Māori Appellate Court MB 425 (2010 APPEAL 425); Gemmell v Hemana - Mohaka A4 (2017) 61 Tākitimu MB 239 (61 TKT 239); Gray - Mohaka A4 Trust (2014) 36 Tākitimu MB 254 (36 TKT 254); Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Tākitimu MB 174 (32 TKT 174); Gemmell v Gemmell -...