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1. RI v Hart LCRO 158 / 2011 (29 August 2012) - Publication Decision [pdf, 98 KB]

   ...terms of the retainer. There were times when Mr Hart did not promptly answer requests for information or other enquiries by [RI] (Rule 7.2). There was no comprehensive summary of the position or advice provided to [RI] to enable her to provide informed instructions in terms of Rule 13.3 and in generally failing to progress the proceedings, Mr Hart did not act in the best interests of [RI] and/or her daughter (Rule 13) or generally protect and promote his client’s interests. [64] I...

2. DJ & QW v E Ltd [2024] NZDT 772 (5 December 2024) [pdf, 218 KB]

   ...on the Australian valuation, but rather on its experience of the market as an auctioneer. 10. E Ltd says it did not make any representation as to the value of the ring when it gave QW and DJ a copy of the valuation. It says it simply passed on information provided by the seller. It says its conditions of sale make it clear that it does not make any representations as to the value of items. It referred to its conditions of sale, which are printed in the catalogue, and which say that:

3. Tucker v Accident Compensation Corporation (Personal Injury and Social Rehabilitation) [2024] NZACC 78 [pdf, 255 KB]

   ...substantial benefit in proceeding with a psychiatric assessment. [28] On 15 March 2020, Ms Tucker provided the Corporation with a selection of historical clinical records which she had obtained from her GP. On 24 March 2020, ACC wrote to Ms Tucker requesting more time to continue investigating the claim. Ms Tucker did not agree to an extension of time. [29] On 31 March 2020, the Corporation issued a decision declining cover for CRPS. The Corporation noted that it had only recent...

4. Tan v CAC20005 & Anor [2015] NZREADT 12 [pdf, 199 KB]

   ...showed it as two dwellings. The complainant was the purchaser of the property prior to the auction. [4] On 8 April 2013 the complainant had contacted the licensee with an expression of interest in the property. On 13 April 2013 the complainant requested a copy of the plans of the property from the licensee. That same day the complainant advised the licensee that he wished to submit a formal offer. [5] A sale and purchase agreement was signed by the complainant on 14 April 2013 an...

5. [2016] NZEmpC 144 Rossiter v AFFCO NZ Ltd [pdf, 123 KB]

   ...(AFFCO). The stay is to operate until the Court of Appeal decides two proceedings. It has already decided one and is to hear an application for leave to appeal another judgment of this Court on 28 November 2016, so counsel for the plaintiff informs the Court. [2] The timetabling direction made by the Court in its Minute of 29 September 2016 provided for the defendant to make written submissions to the Court on the s 179(5) issue with the plaintiff being able to respond likewise t...

6. Housing Corporation of New Zealand v Trustees of housing 1B3B2A– Waimanoni 1B3B2A (1996) 19 Kaitaia MB 227 (19 KT 227) [pdf, 3.5 MB]

   ...provisions of this clause hereof, be paid to the Valuer by the Lender. Provided That if the Lender and the Trustees shall agree upon a Valuer and if the Lender shall, by notice in writing delivered to the borrower in accordance with clause 30 hereof, inform the Borrower of the name and address of that Valuer, and if within a period of seven days form and after the delivery of that notice the Borrower shall not, by notice in writing delivered to the Lender, object to that Valuer, then,...

7. LCRO 001/2017 AB v AC [pdf, 253 KB]

   ...complained about Ms AE’s conduct in relation to an unresolved matter 2 concerning their daughter, who also attended the School, they asked Mr AB to assist them in relation to AD’s matter rather than approach Ms AE direct. [5] Mr and Mrs AC requested a meeting with Mr and Mrs AB on 29 March 2015. They agreed to Mr AB’s suggestion that matters discussed at the meeting be “off the record” and that any information imparted by Mrs AB be kept confidential. [6] Following t...

8. Fisher v Foster (Costs) [2020] NZHRRT 29 [pdf, 623 KB]

   ...and financial resources. It is therefore essential that the Tribunal does not use its discretion to award costs in a manner which might deter lay litigants (and, for that matter, those represented by a lawyer) from the inexpensive and accessible form of justice which is the hallmark and strength of a tribunal. Simply expressed, the Tribunal must preserve meaningful access to justice. Preserving access to justice [10] The Tribunal sees a range of litigants and types of cases. In a si...

9. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...nominees [4] The 11 highest polling candidates submitted that they had the ability, experience and knowledge to fulfil the role of trustee and that they were fit and proper persons for appointment. A number also rejected criticisms of their past performance and claims of conflict of interest and argued that they had performed their duties diligently as trustees. [5] Several nominees also highlighted their professional background and credentials, underscoring the skills that they sa...

10. [2023] NZIACDT 20 - II v Sun - Sanctions (21 June 2023) [pdf, 132 KB]

    ...3,586.00 – lawyer for complaint 3,330.25 $10,256.25 Loss from sale of property $50,000.00 Psychological and emotional damage $189,000.00 $336,709.46 Interest 6,499.22 $343,208.68 5 [17] At the Tribunal’s request, the complainant sent evidence corroborating some of the expenses on 14 June 2023. From the adviser [18] Mr Sun, who declined to engage with the Tribunal until it issued the decision upholding the complaint, filed a statement of...