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...AUCKLAND this 14th day of February 2020 BJ Kendall Chairperson 3 A v Canterbury Westland Standards Committee No 2 [2015] NZHC 1896. 4 Canterbury Westland Standards Committee 2 v Eichelbaum [2014] NZLCDT 23.
...her Notice of Appeal headed “Timeline” for 75 Old Karori Road, 3 See section 111(3) of the Act. 4 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3. See also Nottingham v The Real Estate Agents Authority [2017] NZCA 1, at 81. WELLINGTON tender”. The document is in part in black type and in part in blue type....
...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...
...[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...
...[26] As Mr and Mrs Flanagan do not consent to the appeal being allowed and the matter remitted back to the Committee, the Tribunal’s consideration of their appeal cannot be abbreviated. 7 See Eichelbaum v The Real Estate Agents Authority (CAC 303) [2016] NZREADT 3, affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 8 Baker v The Real Estate Agents Authority (CAC 413) [2018] NZREADT 64. 9...
...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...
...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...
...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...
...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...
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