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1. Egden v CAC20005 & Ors [2015] NZREADT 80 [pdf, 148 KB]

   ...Rather, the directors were Mr Somaraju and Mr Hackett. Mr Egden says he worked as a licensed agent for Compass Realties from 8 November 2010 to January 2011. [5] Mr Egden says that in January 2011 he ceased his involvement with Compass Realties to care for his terminally-ill wife. He told the Tribunal that he discussed and agreed with the directors that they would close down the real estate agency in February 2011. [6] He said that notwithstanding the fact that Compass Realties h...

2. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

   ...teleconference held on 18 June 2014, I considered that the documents relating to the joining of the Slights as a party should be served on them, and I further indicated that a decision on the application would issue in due course. 5 That said, having carefully reviewed the relevant authorities I now incline to the view that while service prior to a determination on an application to join is preferable, it is not mandatory. Respondent’s submissions [7] Mr Shaw submitted that t...

3. Edwards v Capital and Coast DHB (Litigation guardian) [2016] NZHRRT 16 [pdf, 67 KB]

   ...proceedings: 7. It is counsel’s submission that in this context a mother/son relationship, and particularly where the events at the heart of the proceeding involve a notification and supply of information to a statutory agency that deals with potential care and protection concerns of young people, that this situation raises the issue of coercion, potentially even innocently so without any intention by either plaintiff. 8. As the first plaintiff sets out, there is nothing unusual or pr...

4. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...copies of the documents submitted to Immigration New Zealand. Given the explanations, and the absence of the documents I am not in a position to find Mr Hassan was negligent. There is sufficient material to satisfy me there was an element of lack of care. However, not every mistake or error of judgment is sufficient to found an adverse professional disciplinary finding. [53] The jurisprudence from various authorities dealing with other professional disciplinary contexts is appropriately...

5. LCRO 140/2016 and 153/2016 BF v ZL (21 February 2019) [pdf, 230 KB]

   ...does not have any relevance to the extent of the instruction given to Mr [ZL]. … Further it was not sought by SC. Had it been, Mr [ZL] understands it would have been available. • The SC accordingly erred in finding that Mr [ZL] had a duty to protect [CAB] on the transaction. • … no more was required of Mr [ZL] than took place. • … there was a concurrence, not conflict, of interest in his giving effect to what the parties had agreed. • No sensible articulation of what...

6. LCRO 91/2020 LS v DV (29 July 2020) [pdf, 178 KB]

   ...or not made in good faith must also be considered against the wider background of the purposes of the Lawyers and Conveyancers Act 2006 and the objectives of the complaints process. The general purposes of the Act are set out in s 3 and include the protection of consumers of legal services and to maintain confidence in the provision of legal services. Clearly a robust complaints system is part of achieving those purposes. This requires both the efficient dealing with complaints, and that...

7. LCRO 196/2019 FL v ND (8 June 2020) [pdf, 123 KB]

   ...the grounds of their complaint. (b) A complainant providing the Complaints Service with all the evidence they consider relevant to establishing their complaint. (c) The Complaints Service, consistent with its obligations to promote its consumer protection objectives, assisting the parties, where necessary or appropriate, with clarifying the substance of the complaint. (d) The lawyer being provided with opportunity to provide response to the complaint.7 (e) The complainant being...

8. Real Estate Agents Authority (CAC 302) v Kahukura [2016] NZREADT 70 [pdf, 167 KB]

   ...circumstances, she was required to make it absolutely clear that she was acting on her own behalf, not on behalf of the Agency. This was particularly important because, if she was not acting as a licensed salesperson, the Frasers would not be protected by a licensee’s duties and obligations under the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [22] Having considered the evidence, and counsels’ submissions, we find that Ms Kahukura did n...

9. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

   ...They have also requested that NA now address her concerns to the property manager. Are the Trustees liable for the damage caused by falling trees to either fence? 24. The law of nuisance applies to this claim. An action for private nuisance protects a person’s right to the use or enjoyment of an interest in land. 25. Damage caused by trees on neighbouring land may give rise to liability, depending on the circumstances. Generally, there is no liability unless the trees are inh...

10. Baker v The Real Estate Agents Authority (CAC 413) and Yu [2018] NZREADT 73 [pdf, 248 KB]

    ...and Ms Zhao’s supervisor, and Mr Endong (Anton) Huang, a licensed salesperson at the Agency, and listing agent for the property. Substantive decision [5] As relevant to this appeal, the Committee found that Ms Zhao failed to exercise skill, care, competence, and diligence by failing to search and understand the title to the property, and misleading Ms Yu by representing that the property could be subdivided. The Committee found that Ms Zhao had breached rr 5.1, 6.2, 6.3, a...