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1. [2022] NZEmpC 232 Kang v Saena Company Ltd [pdf, 249 KB]

   ...giving rise to the grievance. This topic was considered and resolved by the Court in its substantive judgment.14 It is not appropriate to reconsider contribution at the costs stage. [29] Turning to disbursements, these were: a. Court filing fee: $204.44 b. Translation costs: $173.02 c. Half share of interpretation costs: $1,138.50 14 Kang, above n 3, at [182]−[183]. d. Hearing fee: $500.88 TOTAL: $2,016.84 [30] In my view, these disbursements were all reason...

2. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...Ms DA pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) in respect of six breaches of the Act, the Trust Accounts Regulations, and the Conduct and Client Care Rules made under the Act. [2] Ms DA was ordered to cancel her fees to Ms EB, and refund $2,117.24, which she and Ms EB say she has done. [3] Both parties were invited to tender submissions with respect to penalty orders and costs. Ms EB seeks compensation for anxiety and stress that she attributes to th...

3. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

   ...Submissions from the complainant [17] In an email from Mr Gu on 21 December 2020, it is submitted that although Mr Zhao did some work on the business plan, the complainant would not have entered into the agreement with Mr Parker and paid him professional fees had he known that Mr Parker was unable to fulfil his obligations. A full refund was therefore reasonable. [18] In addition, Mr Parker should pay compensation of $2,000 for distress. Mr Parker had been asked on 22 August 201...

4. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [pdf, 164 KB]

   ...[17] The client and Mr P met on 11 June 2019. She requested termination of the agreement. Mr P asked her to wait until he came back to her with advice about other suitable visas and notification of whether Kitson could refund 50 per cent of the fee. [18] Mr Yong rang the client on the same day seeking the reasons for the termination of the engagement. He would look at what other visas could be explored. Mr P followed that up, again on 11 June, asking her to consider migration to A...

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

   ...legal advice. However we agree that this was not a case of there being multi-offers. [73] Mr Mulgan submits that the vendors have suffered loss as a direct result of mishandling by the licensees. He accepts that this forum is not a substitute for civil courts, but refers to our powers under s.93(1)(e) of the Act to “order the licensee to reduce, cancel, or refund fees charged for work where that work is the subject of the complaint”. He notes that the vendors paid commission to...

6. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   ...explicitly stated in your EPA that your attorney can do so. However, unless you have explicitly stated in your EPA that they cannot do so, your attorney can, out of your property: recover reasonable out-of-pocket expenses recover reasonable professional fees and expenses (if your attorney has accepted appointment or done work related to your property in a professional capacity) deal with any property that you and your attorney jointly own if you and your attorney are married or in a civil union...

7. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...it is not possible to rectify an error or omission) to order the licensee to make a payment as relief from the consequences of the error or omission. It recorded that the appellants had sought orders that the licensees reimburse them for legal fees due to late settlement ($6,822.25), penalty interest due to late settlement ($1,952.88), and for a refund of the full commission paid ($47,552.50), compensation for their anticipated loss if the purchaser made a claim against them ($50,0...

8. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [pdf, 208 KB]

   ...have been prevented if not for Ms Hill’s conduct. [25] In respect of Ms Hill’s failure to have a written agreement, it is worth emphasising that she had accused the complainant of deliberately refusing to sign the agreement to avoid paying fees. [26] The complainant seeks reasonable compensation, the imposition of a penalty payment and a requirement that Ms Hill undertake specified training. A Table of Losses (undated) incurred by the complainant has been produced.2 Sub...

9. Legal aid criminal proceedings steps [pdf, 426 KB]

   Criminal Proceedings Steps – March 2012 Page 1 CRIMINAL STEPS Summary Jurisdiction June 2009 Step 1: Guilty Pleas (including sentencing) Activity Fixed Fees/ Guideline Hours Tasks normally covered by Guideline Hours Guilty Plea/Sentencing (both same day – no stand down) OR Charges withdrawn Flat fee of $220 including any disbursements For Taking instructions, attending the client Receiving and reviewing disclosur...

10. LCRO 37/2018 AH v OO (12 November 2019) [pdf, 166 KB]

    ...regarding the sale of the homestead property, and whether Mr OO satisfied his duty to take reasonable care; b. whether Mr OO’s conduct caused or contributed to the delays and cost escalation experienced in the subdivision process; c. whether the fees charged by Mr OO in respect of the subdivision were fair and reasonable as required by Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”); and d. did Mr OO breach any of his profe...