Search Results

1. [2021] NZREADT 19 - Moseley v The Real Estate Agents Authority & Smith (29 April 2021) [pdf, 355 KB]

   ...of a re-hearing of the material that was before the Committee. That is, the Tribunal hears submissions by or on behalf of the parties, and considers the evidence and other material that was provided to the Committee. [59] In its decision in Eichelbaum v Real Estate Agents Authority (CAC 303), 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 so....

2. 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...

3. 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...

4. 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...

5. Naidu v Devi [2014] NZIACDT 83 (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...

6. Khan v Devi [2014] NZIACDT 84 (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...

7. Chand v Devi [2014] NZIACDT 80 (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...

8. [2020] NZREADT 54 - Beath v The Real Estate Agents Authority (29 October 2020) [pdf, 273 KB]

   ...“consolidation” of the charges and appeal proceedings as a short form reference to the various forms of “consolidation” referred to in the High Court and District Court Rules, including hearing proceedings concurrently or sequentially. 5 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3. submitted that it is not yet known whether the appeal will proceed solely on the basis of the material before the Committee. [10] Finally, Ms Lim pointed at the d...

9. 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...

10. Ali v Wang [2015] NZIACDT 50 (13 May 2015) [pdf, 208 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...