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...process Reliability of children‟s evidence - expert opinion All other aspects of case October 1999 Mr Ellis has a second appeal against conviction heard by the Court of Appeal. March 2000 Government appointed Sir Thomas Eichelbaum to conduct Ministerial inquiry. Inquiry to consider the reliability of the children‟s evidence (having regard to expert opinion on best practice for interviewing children). Reliability of children‟s evidence -expert...
...Hearing: 30 April 2012 (Heard at Auckland) Counsel: Aaron Lloyd and Vonda Hodgson, counsel for Premier Events Group Limited David Neutze and Natalie Lord, counsel for BA Partners Limited (in liquidation and receivership) John Eichelbaum, counsel for Malcolm James Beattie, Anthony Joseph Regan and Patricia Panapa Judgment: 1 May 2012 Reasons: 14 May 2012 REASONS FOR ORAL INTERLOCUTORY JUDGMENT NO 3 OF CHIEF JUDGE GL COLGAN [1] These are the reasons...
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2014] NZLCDT 23 LCDT 035/13 IN THE MATTER of the Lawyers and Conveyancers Act 2006 AND IN THE MATTER of JOHN EICHELBAUM (name displayed because suppression subsequently discharged) of Auckland, Barrister CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr C Lucas Mr W Smith HEARING on the papers COUNSEL Mr A H Waalkens QC for the Applicant Ms K Davenport QC for t...
...of an unfairly prejudicial effect of the evidence. [13] It is relevant to record that Tribunal hearings are appeals from decisions of the Committee, by way of rehearing. The approach to new evidence was set out in the Tribunal’s decision in Eichelbaum v Real Estate Agents Authority4. These may be summarised as follows: 3 See, for example, Kolich v Real Estate Agents Authority [2013] NZREADT 110, at [49]; Complaints Assessment...
...person or through an employed lawyer. His analysis of McGuire was that the Supreme Court referred to those exceptions as being indefensible and unfair. [16] Mr Angus preferred the approach of the Court of Appeal in Joint Action Funding Ltd v Eichelbaum which relied on costs being claimed to defray actual costs incurred known as an invoicing approach.8 He went so far as to rely on an example of that approach in Commissioner of Inland Revenue v New Orleans Hotel (2011) Ltd where c...
...starting point should be the Guideline especially given its stated purpose. [20] The Guideline draws on the costs scale in the High Court Rules and observations about the use of a scale in that Court are pertinent. In Joint Action Funding Ltd v Eichelbaum the purpose of costs rules in the High Court were discussed by the Court of Appeal.10 [21] In that case the Court observed that a central aim of the High Court costs regime is to deliver to the successful party approximately t...
...Assessment Committee’s decision is a rehearing; that is, the appeal is determined by reference only to the material that was before the Committee, and the submissions made by or on behalf of the parties to the appeal. [25] As the Tribunal said in Eichelbaum v The Real Estate Agents Authority, the Tribunal may accept further evidence, or material that was not put before the Committee, if it considers the evidence or material will assist it in determining the appeal. Such...
...re-hearing of the material that was before the Committee. That is, the Tribunal considers the evidence and other material that was provided to the Committee, and hears submissions by or on behalf of the parties. [9] However, in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303),1 the Tribunal accepted that it may give a party to an appeal leave to submit evidence to the Tribunal that was not before the Committee, if the Tribunal considers that it is just to do...
Colin Carruthers QC Colin Robert Carruthers was appointed as Queen’s Counsel in 1990. He acted as junior to former Chief Justice Sir Thomas Eichelbaum when the two were at Chapman Tripp. Legal commentators call Mr Carruthers one of New Zealand’s most experienced barristers as he has led high profile defence and prosecutions cases throughout his career. His legal repertoire is extensive. It includes substantial experience in commercial litigation, particularly in cases concerning di...
...Ogilvie also submitted that Ms Abel should identify the relationship she 2 In contrast to an appeal against the exercise of a discretion. 3 See Austin Nicholls & Co Ltd v Stichting Lodestar [2007] NZSC 103, [2008] 2 NZLR 141 (SC). 4 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3, at [49] and [52]. 5 See Eichelbaum at [35]–[36] and Eade v Real Estate Agents Authority (CAC 1903) [2020] NZREADT 05, at [47]. had with Ms W, and how she used tha...