Search Results

1. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 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...

2. Best v CAC 406 & Ellis [2016] NZREADT 34 [pdf, 148 KB]

   ...He has challenged the finding of misconduct. 4 The role of the Tribunal on appeal [8] There have been numerous discussions about the proper role of the Tribunal on appeal. The most recent statement is the decision of the Tribunal in Eichelbaum [2016] NZREADT 3 in which the Tribunal held that when the Tribunal is considering an appeal from a decision of a Complaints Assessment Committee, the appellant should not have an opportunity to completely redo the case that was be...

3. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 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...

4. Tuitupou v Tangilanu [2014] NZIACDT 97 (01 October 2014) [pdf, 202 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...

5. Afemui v Tangilanu [2014] NZIACDT 94 (01 October 2014) [pdf, 199 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...

6. Chung & Anor v Yap [2014] NZIACDT 109 (10 October 2014) [pdf, 193 KB]

   ...exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. 5 [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 m...

7. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...outweigh the public interest in an open process without strong reason. The brief medical evidence provided is not sufficiently strong enough to displace the onus and we must also have regard to our decisions in similar cases such as Hart5 and Eichelbaum.6 [43] The application for permanent name suppression is declined however, as signalled to Mr Grave, the interim name suppression order will remain in place until the expiry of the appeal period in this matter. Referral to Regis...

8. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 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...

9. Varela v Devi [2014] NZIACDT 85 (15 September 2014) [pdf, 202 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. Vikashwarjeet and Devi v Devi [2014] NZIACDT 82 (15 September 2014) [pdf, 203 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...