Search Results

1. CH v XO LCRO 119 / 2010 (3 May 2011) [pdf, 182 KB]

   ...that this condition was satisfied subject only to approval of the terms of the lease. That condition was satisfied on 11 September. After that date, the Applicant did not have the option of withdrawing from the Agreement. [46] I have given some careful consideration to this particular aspect of the transaction. Both the Standards Committee and the Respondent have adopted the view that at the time of discussing the letter from the purchaser’s solicitor on 8 September, and again wh...

2. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...of the existence of the second mortgage he would not have invested Trust funds in the advance. He argues this was relevant information that should have been disclosed and by not doing so the lawyers have breached rule 7 of the Conduct and Client Care Rules16 [43] In CM v JD and others I addressed the relationship between the Nominee Company Rules and the Conduct and Client Care Rules. I noted that: (disclosure and communication of information to clients). 17 … it is necessary...

3. LCRO 207/2018 PC v FM (10 September 2019) [pdf, 499 KB]

   ...willing buyer for the business found their losses would have been far less. 24) Mr ZL’s desired outcome is that Mr FM is censured and that the Committee examine the culpability of his supervising partner. The Committee in its discretion having carefully considered the complaint, the practitioner’s response and the further detailed submissions prepared by Mr ZL on Ms PC’s behalf, concluded that any further action is unnecessary or inappropriate in the circumstances. 25) Ms PC...

4. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...complaints brought by the Bar ... [63] He did go on to say that: But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009). [6...

5. CM v XH LCRO 97 / 2010 (5 July 2011) [pdf, 114 KB]

   ...separate and other related matters. This email was sent to the Applicant‟s email address at his work. The Applicant complained that the Practitioner ought to have sent it to his lawyer. He further alleged that the Practitioner had failed to protect his privacy [12] The second complaint alleged that the Practitioner had failed in his duty to promote reconciliation or conciliation. Much of his information was devoted to describing the consequences of what he perceived as resulti...

6. LCRO 20/2016 LC and CM v JP (19 March 2019) [pdf, 238 KB]

   ...clients. Lawyers should not be expected to persuade the parties to provide that instruction. 2. Be mindful that the purchaser would usually not consent to an early release. This is because once the deposit has been released the purchaser loses the protection of having the monies held in trust should any complications arise. 3. State their reasons clearly as to why an early release, in the particular case, is necessary. For example, the vendor may need the balance of the deposit m...

7. [2025] NZREADT 08 - OQ v Knowles & Maclean (21 March 2025) [pdf, 327 KB]

   ...By not inserting OQ’s GST number in the ASP at the time of negotiating the sale, and not listing the property as a going concern in the terms of sale, Mr Knowles breached rule 9.9 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). (c) Mr Knowles did not have a sound knowledge of the Act and Rules relevant to real estate agency work in breach of rule 5.2 of the Rules. (d) The Committee accepted that Mr Knowles did advise OQ to seek legal...

8. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...protect some items. There is no evidence to suggest there was intentional damage to the mattress. 21. NI said that he thought the movers had touched the sofa to the side of the outside brick wall when moving it. NI said he asked the movers to be careful with the next one but did not raise the question of damage at the time of the move. 22. I accept Q Ltd’ point that given both NI and the moving staff were in contact with the office during the move, if damage had been caused at thi...

9. The court & enduring power of attorney (EPA)

   ...Court Types of EPA application Who can apply to the court Certificate of non-revocation and non-suspension of EPA Forms to apply for an EPA review Setting up an EPA An enduring power of attorney (EPA) is a legal document which sets out who can take care of your personal or financial matters if you can't. That person is called your attorney. You can set up an enduring power of attorney through a lawyer or trustee corporation. You don’t need to go through the Family Court to set it up but the...

   Located in:

   1. Family >
   2. Powers to make decisions for others

10. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

    ...prosecution having encapsulated submissions under the above heading which are substantially as follows. [8] It is well established that penalty decisions of professional disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose; Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. Section 110(2) of the Act set...