Search Results

1. OP v PQ LCRO 32 / 2012 (16 August 2012) [pdf, 91 KB]

   ...public interest. He argued that in comparison with the treatment he had received from other lawyers in that firm, that the Practitioner had dealt very harshly with him and had pursued the debt in a bullying manner, finally bankrupting him. He claimed that the Committee had not given serious considerations to the points that he had made. [9] He further claimed that he had been paying the debt, and had always been prepared to discuss a solution with the Practitioner or his firm.

2. LCRO 238/2015 NS v LO (28 September 2018) [pdf, 152 KB]

   ...case. [30] One of Mr NS’ key concerns was that he had disclosed his concerns about the partnership accounts to Mr LO before the litigation got under way. It is not accepted that those disclosures were of a confidential nature, because they formed the substance of the dispute that was litigated primarily between Mr NS and his former wife before the High Court. By putting those concerns before the High Court, subject to any claims of privilege, Mr NS must be taken to have express...

3. [2022] NZACC 41 – Judkins v ACC (17 March 2022) [pdf, 178 KB]

   ...his arm, back, hip and thigh. On 20 February 2013, surgery was undertaken on Mr Judkins’ left shoulder. His general practitioner certified Mr Judkins as fully unfit from 19 February 2013 onwards. The Corporation took this certification as a claim for deterioration in vocational independence, and sought comment from Mr Brick, Mr Judkins’ treating surgeon. Mr Brick advised that the surgery had gone well, and that Mr Judkins’ capacity for work had not deteriorated. Mr Brick a...

4. NZ government response to Law Commission report [pdf, 78 KB]

   ...the roles and duties of trustees, especially trustees who are not legally trained. Beneficiaries don’t know what they can expect from trustees. For example, the Commission recommends clearly articulating the obligation of trustees to provide information to beneficiaries. Simplifying administration of trusts The Law Commission identifies that the administrative machinery for trusts can be inaccessible in practice and recommends simplification. 4 Jurisdiction of the...

5. BM v NE [2023] NZDT 612 (6 November 2023) [pdf, 204 KB]

   ...$949.36 One house swab to confirm whether the house was contaminated $138.00 Total $21,494.93 20. NE is to pay BM $21,494.93 Referee: Verdun Tawhara Date: 6 November 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe

6. NN v FP [2023] NZDT 19 (1 March 2023) [pdf, 109 KB]

   ...difference in service advertised and paid for versus the service received. 19. Therefore, the Tribunal awards damages in that amount. Referee: L. Mueller Date: 1 March 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

7. EC v U Ltd [2024] NZDT 825 (13 December 2024) [pdf, 199 KB]

   ...[City] (after he had purchased it). 8. For all the reasons above, I find that there has been no breach of the Fair Trading Act and no misrepresentation. Referee: J Perfect Date: 13 December 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

8. [2014] NZEmpC 126 Clark v Idea Services Ltd [pdf, 65 KB]

   ...seeks an order that the defendant contribute to his legal costs and disbursements following an unsuccessful attempt by the parties to settle these between themselves. [2] The delay in issuing this judgment is attributable to the parties’ joint request to the Court to delay determining costs until after the defendant’s application for leave to appeal to the Court of Appeal had been dealt with. That application for leave has now been refused by the Court of Appeal. 1 [3] The d...

9. [2015] NZEmpC 13 Sai Systems Ltd v Bird [pdf, 57 KB]

   ...[15] Taking all of the above matters into account, I award costs in favour of Mr Bird in the sum of $3,750. [16] Ms Kennedy seeks an additional amount on account of time spent in preparing and filing her costs submissions. I accept that this request is appropriate although I make some allowance for the fact that her submissions dealt with the Calderbank offer which was not a relevant issue. I allow an additional $750 on this account making a total costs award in favour of Mr Bir...

10. H v M LCRO 43 / 2009 (27 April 2009) [pdf, 18 KB]

    ...practise as a barrister or solicitor, or as to tend to bring the profession into disrepute.” This is clearly a very high threshold. [8] It has been stated that mere error or misjudgement will not amount to a professional breach (though it may form the basis for a claim in the courts). Negligence or delay on the part of a particular practitioner must be serious indeed to bring their fitness to practice into question. Similarly, isolated instances of negligence may be such as to...