Search Results

1. Paul and Clare Dolheguy v CAC303 & Sonia Stott [2015] NZREADT 27 [pdf, 225 KB]

   ...sections. Mr Dolheguy had noticed that there were no boundary pegs to be seen but puts it that the licensee said what you see fenced here is yours, or he got that impression. The Cross-examination of Mr Dolheguy [22] Of course, Mr Dolheguy was carefully cross-examined by Ms MacGibbon and then by Mr Napier. He admitted to Ms MacGibbon that he had his lawyer vet all relevant documents, including the title to the property and the easement document, and emphasised that the state of the d...

2. J v Khetarpal [2015] NZIACDT 95 (05 November 2015) [pdf, 224 KB]

   ...has addressed. 1 The allegation Ms Khetarpal faced is set out in the Registrar’s Statement of Complaint, with particulars of three elements: [16.1] After accepting instructions, Ms Khetarpal had an obligation to perform her services with due care, diligence, respect and professionalism, and carry out her lawful instructions. Clause 1.1(a) and (b) of the 2010 Code placed that obligation on her. However, she potentially failed to do so. The complainant engaged her to request a work vi...

3. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...10056 further charges the Defendant with misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008, in that his conduct consists of a wilful or reckless contravention of Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. Particulars The Defendant failed to provide the First Complainants with a written appraisal in respect of Property 1.” [13] Charge 2 alleges that Mr Ferguson did not provide a written appraisal for 20A Elliott Street...

4. Henaghan & Henderson v CAC 20002 & McDonald [2014] NZREADT 55 [pdf, 74 KB]

   ...vendors and Ms Wu and Ms Ma and, eventually, the vendors accepted Ms Wu’s offer of $2.2 million, but Mr Henderson felt they were not happy and unsuccessfully sought that Ms Wu increase her price to $2.3 million. [36] Of course Mr Henderson was carefully cross-examined. The Evidence of Mr A L North [37] Mr North is, inter alia, the Manager and National Auctions Manager for the Harcourts Group. He covered his involvement in the above transaction and noted that it had certain unusu...

5. Workington v Sheffield LCRO 55 / 2009 (26 August 2009) [pdf, 148 KB]

   ...notify the Council of a change of ownership of the property, and that this failure led to an accumulation of rates arrears which have attracted substantial penalties. His view is that the lawyers failed to discharge their professional obligations to protect his interest which justifies his refusal to pay the balance of legal fees. [22] A copy of the vendors‟ settlement statement on the file shows an undertaking that the first instalment was (or would be) paid, and apportionments...

6. [2023] NZREADT 14 - CAC 2107 v Sheldon (13 June 2023) [pdf, 156 KB]

   ...[40] There is a brief of evidence (24 November 2022) from Mr Vujnovich. Mr Vujnovich has known Mr Sheldon for 10 years. He is one of the best performing members of the team. He is competent and has integrity. He is absolutely diligent and careful in his dealings with vendors and purchasers. Mr Sheldon is not dishonest and would not have had a duplicitous intention in his conversation with the prospective purchaser. [41] Mr Vujnovich notes that in 2020, Mr Sheldon’s persona...

7. LCRO 107/2023 NC v PJ (30 November 2023) [pdf, 209 KB]

   ...other – A. – You are a (inaudible 09:24:07) – MR PJ: (inaudible 09:24:07). THE COURT TO MR NC: Q. Mr NC – A. You are a threat to me. Q. – there is no other judge available to deal with the matter this morning. A. Well, I don’t care. You should recuse yourself. Q. Right. A. It’s not reasonable. You have an extreme bias against me – Q. I (inaudible 09:24:20) – A. – because you have stood there and basically passively, passively approved people assaul...

8. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...property. Fully informed about their situation, the vendors chose to work with another buyer. 2. The licensee complied with the Authority’s guidance around the use of face coverings and vaccination status. The COVID-19 Public Health Response (Protection Framework) Order 2021 had come into force on 2 December 2021. It introduced new requirements around face coverings. Under that order and industry guidelines, the licensee was able to ask open home attendees to wear a face c...

9. Chen v Gu-Chang [2013] NZIACDT 16 (19 March 2013) [pdf, 221 KB]

   ...accepted in writing; the client must be made aware of all significant matters relating to the agreement, and a copy of the Code must be supplied to the client. [67.3] That a licensed immigration adviser discharge professional engagements with due care, diligence and respect. This requires them to ensure that their professional service delivery meets proper standards. [68] Clause 2 of the Code requires licensed immigration advisers to uphold the integrity of New Zealand’s immigration...

10. [2011] NZEmpC 37 Vice-Chancellor of Massey University v Wrigley and Kelly [pdf, 231 KB]

    ...confidential information if there is good reason to maintain the confidentiality of the information. (1C) For the purpose of subsection (1B), good reason includes— (a) complying with statutory requirements to maintain confidentiality: (b) protecting the privacy of natural persons: (c) protecting the commercial position of an employer from being unreasonably prejudiced. [35] The parties were in an ―employment relationship‖ as defined in s 4(2) and were therefore bound to...