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1. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 KB]

   ...LO elsewhere for independent advice”. [23] The Committee stated that in such circumstances Mr SM “should have identified the conflict of interest in acting for, or attempting to act for [Ms LO] and referred” her to a different lawyer. Fees [24] Because [Firm 2], not Mr SM, acted on the estate administration, the Committee declined jurisdiction to consider Mr AA complaint against Mr SM in respect of [Firm 2]’s fees for that legal work. Application for review [25] Mr...

2. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   ...proceedings in the New Zealand Family Court – whether as applicants or respondents. 4. We believe that the issues we outline in this submission constitute state funded abuse by the New Zealand Family Court resulting in serious violations of the civil, political economic, social and cultural rights of women and children who have experienced violence and abuse. 5. Children fare very poorly when the Family Court is involved in their lives. These children are suffering at the hands o...

3. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   ...imposes a limitation period), the making of an application under section 32(1) has effect as if it were the filing of proceedings in a court. … Building Act 2004 393 Limitation defences … (2) However, no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based. … [66] The claimants’ causes of action...

4. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...parties, the details of which are discussed below. Evidence 58) Mr B and Ms F appeared before me and gave evidence, backed by copies of the correspondence between the parties. Mr B 59) In summary Mr Bs’ evidence is: a. He is a qualified civil engineer and quantity surveyor. He has 66 years’ experience in construction including working on roads, motorways and hydro- electric dams. b. He believes that the site was one of the worst in Christchurch due to liquefaction and...

5. CAC306 v Zhou & Anor [2015] NZREADT 51 [pdf, 223 KB]

   ...was forged by the wife of Mr She (Qizhe Wei). v. Mr She knowingly assisted with the use of the forged signature on the sale and purchase agreement. vi. Mr She also received a share of the commission payable by the vendors, by way of a referral fee for introducing the buyer, when he knew that the buyer was the wife of his associate Mr Zhou, and that Mr Zhou was to be the registered owner of 34 Diana Drive and he did not disclose that fact to the vendors or the listing agents. vii. M...

6. Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) [pdf, 253 KB]

   ...Section 18(1)(a) determining the life interest held by John Henry Carroll and vesting the interests in numbers 1-9 equally; and d) Section 242 for payment of the said funds held for the deceased to the applicant for reimbursement of the application fee and expenses. Identification of evidence that may be of assistance in remedying the mistake or omission 7. The applicant has provided the following documents in support of her application: a) A certified copy of the original will...

7. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...out to them. 12 [83] Mr GN submitted that Mrs IG was not disadvantaged by the reinvestments he had made. He also pointed out that ultimately Mrs IG received very little of the trust capital as a significant portion went towards her legal fees. [84] Mr GN submitted that he was not aware that he was doing anything wrong when he made the reinvestments. He acknowledged that he did not seek advice about what he ought to do in the particular circumstances he faced, which were that...

8. McCarthy - Estate of Huia Maria McCarthy (2014) 88 Taitokerau MB 115 (88 TTK 115) [pdf, 532 KB]

   ...confirmed. E. Upon release of the sum of $762.08 held by the Maori Trustee's Office for payment to the estate of the [ate Huia Maria McCarthy, that sum shall be paid entirely to Gary Riini Anderson of Christchurch as a contribution to the filing fee paid by Barbara in bringing the Family Protection claim. F. Once the Maori Land Court has approved the transfers of land interests and shares in the Incorporations referred to in recital7A and Maori Investments Limited have agreed to t...

9. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...gravity to merit the imposition of a disciplinary sanction, failed to explain why the purported failure was of significance. • The requirement to complete a file note must be referenced to objective reasons. • Counsel for the plaintiff in the civil proceedings had deliberately endeavoured to discredit him. • He had “got offside” with the presiding Judge and as a consequence had been subjected to gratuitous comments from the Judge. • No evidence was adduced to sup...

10. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

    ...an authority to uplift Mr RN’s files to Mr HD. December 2010 [21] In 8 December 2010 Mr QW wrote to Mr HD enclosing various documents. [22] Mr HD wrote back on 21 December confirming he acted for Mr RN. Mr HD made inquiries about Mr QW’s fees, and handling of matters on behalf of Mr RN, 5 including documentation of the loan and security arrangements, the advice provided to Mr RN and the date on which Mr QW’s office had paid the loan funds from his trust account to the bo...