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1. Kozlov v The Real Estate Agents Authority CAC (416) NZREADT 21 [pdf, 184 KB]

   ...[d], and [e] above were before the Tribunal. The Tribunal does not need to consider those matters, as they are in the bundle of documents relevant to the appeal. Leave is not required. 5 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3, and Nottingham v Real Estate Agents Authority [2017] NZCA 1. Correspondence between Mr Kozlov and his solicitor Submissions [11] Mr Kozlov’s correspondence with hi...

2. [2006] NZEmpC AC 70/06 Skinner & Anor v Stayinfront Inc [pdf, 43 KB]

   ...the determination of a preliminary issue are not within a narrow compass and are not readily isolated from the facts relevant to other issues in the case, there is a danger in having separate hearings. [25] He relied on Innes v Ewing4 in which Eichelbaum J found that except in rare cases it is unlikely to be appropriate to make orders which have the effect that substantial questions of fact are isolated and dealt with separately before trial. Case for the defendant [26] Mr Town...

3. Alice Wouters v The Real Estate Agents Authority (CAC 412) & Thomas Richadson [2017] NZREADT 60 [pdf, 184 KB]

   ...documents in category (1). [24] Category (7) comprises, Mr Richardson states, “documents included in the complainants submission”. As such, they were considered by the Committee. If Mr 4 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 13, at [55]. 5 See, for example, paragraph 1.2 of the Committee’s decision. Richardson wishes to make submissions concerning these documents, then the proper place to...

4. Samuelu v Aasa [2014] NZIACDT 89 (16 September 2014) [pdf, 179 KB]

   ...fine and difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society HC Wellington M 215/87, 10 August 1989 per Eichelbaum CJ, Heron and Ellis JJ at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind...

5. [2019] NZEnvC 091 Jacks Point Residential No. 2 Limited v Queenstown Lakes District Council [pdf, 135 KB]

   ...been codified in the Environment Court Practice Note 2014 at 6.6(d). Joint Action Funding Ltd v Eiche/baum (2017] NZCA 249. Legal submissions in response to costs memorandum for JPG dated 1 April 2019 at (8] referring to Joint Action Funding Ltd v Eichelbaum [2017] NZCA 249 at (43]-[58]. 7 tend to pay more attention to their clients' affairs than their own. So some of the fees are properly claimable. [21] As for Mr Brabant's submissions that Mr and Mrs Geddes are the suc...

6. Takimoana - Te Tii (Waitangi) B3 Ahu Whenua Trust (2014) 90 Taitokerau MB 67 (90 TTK 67) [pdf, 335 KB]

   90 Taitokerau MB 67 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20140003345 A20140003346 UNDER Section 19, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Tii (Waitangi) B3 Ahu Whenua Trust BETWEEN RICHARD BOYD TAKIMOANA MEREAWAROA DAVIES Applicants A20140003363 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Lot 18 DP 61631 BETWEEN MEREAWAROA DAVIES App

7. Wouldes v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 36 [pdf, 111 KB]

   ...set out in paragraph [4][b][i]–[iii] of the Tribunal’s Minute (2), dated 18 April 2017, as follows: 1 Martin v The Real Estate Agents Authority (CAC 407) [2016] NZREADT 67, at [98]. 2 See Eichelbaum v The Real Estate Agents Authority [2016] NZREADT 3. [i] whether the Committee was correct to find that Mr Tremain did not fail to disclose information about defects in the complex; [ii] whether the Committee was correct to...

8. Dyall v CAC 403 & Lantz [2016] NZREADT 41 [pdf, 107 KB]

   ...9 See Sherburn v REAA [2012] NZREADT 33, at [16]; Fielding v NZREAA [2012] NZREADT 10, at [7]; referring to Kacem v Bashir [2011] 2 NZLR 1(SC) at [32]. 10 See Adams v REAA NZREADT 34, at [23]-[24]. 11 See Eichelbaum v REAA [2016] NZREADT 3, at[35]-[36]. [2016] NZREADT 41 - Dyall _____________________ Hon P J Andrews Chairperson _____________________ Mr G Denley Member _____________________ Ms C San

9. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

10. Toiloloi v Letalu [2014] NZIACDT 93 (18 September 2014) [pdf, 193 KB]

    ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...