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LCRO 81/2018 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN QQ Applicant AND RR Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction Mr QQ has applied for a review of a decision by the [Area] Standards Committee [X] which concluded there had b
...under clause 101 for a written maintenance contract, I consider that the contract may in fact require more frequent inspections. Accordingly, I conclude the proposal by the Council is reasonable in the circumstances, and largely not a matter of dispute between the parties. Accordingly, I add to the words in condition 102: a minimum of every six months or at the frequency recommended by the system manufacturer, whichever is more frequent. Trees - mitigation planting [14] The appell...
...Mayers did not do return to do the work and the Leovs called in Murray Pine, the third respondent, to attend to the items referred to in the letter of 16 July 1996. Repairs were carried out by Mr Pine and the Leovs subsequently claimed in the Disputes Tribunal for the cost of these repairs. The Disputes Tribunal found against Mr Mayers on 15 July 1997. Mr Mayers subsequently appealed but his appeal was dismissed. The amount awarded in the Disputes Tribunal was $3,000.00 based o...
...reasonable cost of purchasing the work in electronic form at that time”. [39] In this case, the works were legally available for purchase in electronic form at the times of the infringements. The Applicant says, and the Respondent does not dispute, that each of the two tracks was available for purchase in electronic form from iTunes, at NZ$2.39. [40] The Applicant accepts that, on a literal reading of r.12(2)(a), “the reasonable cost of purchasing the work” would be calcula...
...modest one, with the accounts showing that it operates at a loss, after paying the wages of Mr and Mrs Vole. The business also has significant debt. Furthermore, the Voles have a significant mortgage relative to the size of their income. The Vole family is entirely dependent on the income generated from the immigration 6 consultancy and he is not in a strong financial position. His options for alternative employment are very limited. [28] According to Mr Logan, Mr Vole is c...
...had been using as well as the contents of his room. This process took at least five minutes. [41] Mr Lim said that the way in which he was dealt with made him feel like a criminal; he felt ashamed and distressed. The event brought shame to his family; and he felt that he could not talk to family members properly because of what had occurred. He had trouble sleeping and was worried about what people would say about him. Compensation would help to heal the wound, but he could n...
...sexual offences.7 Before the trial, the defendant applied for disclosure of the files of a psychologist who had counselled the complainant. Disclosure was also sought of the file of a lawyer who had been retained by the complainant to pursue a civil claim against the defendant arising out of the offending. [37] In the course of refusing both applications for disclosure, Panckhurst J stated that, although s 69 did not directly cover the position at the inspection or discovery stage...
...proper assessment of whether the loss was occasioned by the regulatory defaults in this case would require much more significant evidence including evidence from valuers, possibly real estate agents and others. That is a matter best left to the civil jurisdiction and not assumed by this Tribunal. We have already recorded our acceptance of the submission that practitioners are not insurers of their client’s investments. We note that this approach is consistent with that taken...
Directory of Official Information Listings A-C Author Version number Date About This is a living document; we endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email official.correspondence@justice.govt.nz with the necessary amendments –we can send you a MS Word version if you need. official.correspondence@justice.govt.nz Ministerial Services Strategy, Governance &
...unreasonable. 16. The Ministry provided sample information of costs paid by the Ministry in other appeals. It also provided Legal Aid guideline hours (based on reasoned estimate of time required for an activity) allowed for steps for proceedings in Family, Criminal, and Civil jurisdictions. Issues 17. There is no dispute that XXXX is entitled to legal costs associated with bringing the appeal. The question in this case, is to what extent the costs claimed are reasonable....