Search Results

1. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...alleged, and she wanted a formal accounting from Mr HG, to at least explain the apparent discrepancy. [16] On Ms XY’s instructions, Ms RM and Ms PR settled a statement of claim dated 21 September 2012 (the statement of claim) and commenced a civil proceeding in the High Court in 2012 (the proceeding) against Mr HG. Ms NC’s name appeared on the proceeding as solicitor on the Court’s record. Ms RM and Ms PR were named as counsel acting. [17] The statement of claim procee...

2. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...following statutory provisions, and any similar provisions should be amended so that relevant requests are treated as information privacy requests in appropriate cases: Coroners Act 1988 (section 44); Transport Services Licensing Act 1989 (section 24); Civil Aviation Act 1990 (sections 10, 19, and 74); Building Act 1991 (2nd Schedule, clause 7); Maritime Transport Act 1994 (sections 49, 50, 189, and 276); Hazardous Substances and New Organisms Act 1996 (section 53). Agree. Implement du...

3. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

   ...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...

4. McCay-Woods v CAC 20008 & Anor [2014] NZREADT 103 [pdf, 69 KB]

   ...property. It was the best offer during this period of marketing. [15] Ms Macleod (on behalf of the estate) counter offered $250,000 (including chattels). However, the complainant did not increase her offer. [16] In November 2013, Mrs McLeod brought civil proceedings in the High Court at Dunedin against the complainant for allegedly obstructing the sale of the property and sought to remove her as executor of the estate. The dispute was ultimately settled and it was agreed that the p...

5. Wallace v CAC 20006 & Baker [2014] NZREADT 75 [pdf, 72 KB]

   ...take that factor into account. [82] One might have thought that, absent a representation to the purchasers or a compelling inference, the purchasers have acquired the wardrobes by mistake so that they might be recoverable by the complainants in civil litigation. [83] We agree with the reasoning of the Committee. The licensees should have taken more care in ascertaining whether the wardrobes were to pass in the sale as part of the sale price. Accordingly, we confirm the Committee...

6. BW v DJ LCRO 9 / 2013 (20 September 2013) [pdf, 117 KB]

   ...BW’s intention to remove or limit her obligations under the guarantees, and that the bank could, and should, immediately have prevented the companies from increasing their indebtedness. However, while those are arguments that could be made in the civil jurisdiction of the Court, they cannot be determined on this review. [47] What can be said in this review is that serving Termination Notices early would have reduced or limited BW’s exposure. DJ had the opportunity to review...

7. Piahana v Makea - Estate of Philip Makua Makea [2016] Chief Judges MB 977 (2016 CJ 977) [pdf, 345 KB]

   ...the production of evidence not available or not known of at the time the order was made. [20] As stated in Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block, 8 the Chief Judge must exercise his jurisdiction by applying the civil standard of proof on the balance of probabilities having regard to that standard’s inherent flexibility that takes into account the nature and gravity of the matters at issue. This means that the applicant must establish on the bal...

8. DJ v Dua [2019] NZIACDT 6 (14 February 2019) [pdf, 216 KB]

   ...[93] As the complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [94] A timetable is set below. Any requests that Mr Dua undertake training should specify the steps suggested. Any requests for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [95] The timetable for submissions will be as follows: (1) The Registrar, the com...

9. [2019] NZCAA 2 (26 February 2019) [pdf, 275 KB]

   ...what GST and duty should be paid. [23.2] After the consignments arrived, the agent sent the appellants a GST invoice in the name of the New Zealand company. These invoices showed the correct amounts, and required that the appellants pay freight, fees, duties and GST. The GST included the GST to be paid to Customs on importation. [23.3] The appellants examined these invoices, found they corresponded with the documents they held and paid the agent the full amount of the invoice....

10. LCRO 184/2018 DP v VK (17 December 2019) [pdf, 153 KB]

    ...by; (a) the Advisory Committee in relation to the matters set out in clause 5.0 of this Agreement; and (b) the Partners pursuant to a Resolution of the Limited Partnership. [36] Clause 4.4 committed the partners in [Company x] to bearing all the fees, costs and expenses associated with operating the partnership, including legal costs. Clause 4.8 obliged [Company z] to promptly provide some information to the Limited 8 Partners on request, and provided [Company z] with a discre...