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1. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...concerning the conduct of Mr JP, Mr YE and Mr KJ. Background [2] The background to this review is comprehensively set out in the Committee’s decision. [3] I do not propose to elaborate at length on that background except to note that (a) Mr QU filed complaints against Mr YE and Mr JP with the New Zealand Law Society Complaints Service. (b) Those complaints were not upheld. 2 (c) Mr YE’s firm had commenced proceedings in the District Court for recovery of fees owed by...

2. Apply online to enforce a file-sharing infringement

   ...this period of lockdown, however you may wish to submit new information to the email address on the website. Thank you for your co-operation. How much does it cost to apply to the Copyright Tribunal? It costs $276 to apply to the tribunal to enforce a file-sharing infringement. Who can apply? A copyright owner, their agent, or an authorised representative can make an application to the tribunal. When it’s time to make an application An application can’t be made to the tribunal until a right...

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   3. File sharing infringements

3. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...relationship with the complainant: [1.3.1] Ms Khetarpal failed to carry out her instructions properly. [1.3.2] She was dishonest or engaged in misleading behaviour in her dealings with the complainant. [1.3.3] She failed to deal properly with fees. [2] The circumstances are set out fully in the respective decisions (www.justice.govt.nz). However, the Tribunal is issuing its decision in Prajapati v Khetarpal [2016] NZIACDT 5 contemporaneously with this decision, and it will not be tak...

4. U v Tangilanu [2015] NZIACDT 35 (23 March 2015) [pdf, 135 KB]

   ...provide (clause 1.5(b) of the 2010 Code); and [6.1.2] To have the complainants confirm in writing that they accepted the terms of an agreement (clause 1.5(d)). [6.2] That Ms Tangilanu breached clause 8(b) of the 2010 Code, as she failed to set out fees and disbursements before commencing work. The circumstances were: [6.2.1] Ms Tangilanu received $1,500 for her services, but did not set out the fees and disbursements before commencing the work. [6.2.2] She did so in breach of clause...

5. NE v RL LCRO 88/2013 (27 February 2015) [pdf, 82 KB]

   ...Introduction [1] Mr NE has applied for a review of a decision by the [North Island] Standards Committee [X] dated 20 February 2013 in which the Committee decided to take no further action on Mr NE’s complaints with respect to Ms RL’s conduct and fees charged by her firm. Background The Complaint [2] On 1 February 2011 Mr NE instructed SA to represent him in a paternity dispute before the Family Court. In his complaint to the New Zealand Law Society (NZLS)1 [3] In response t...

6. Lothian v Alloa LCRO 148 / 2009 (26 November 2009) [pdf, 46 KB]

   ...employment matter. The account was for $2542.50(including GST and disbursements) and was rendered on 2 July 2008. [2] The matter was referred to an independent costs assessor who provided a report on 2 July 2009. The assessor concluded that the fee was fair and reasonable. I observe that he considered that the time spent on the matter was “far from excessive” and that the bill of costs was not unreasonable and consistent with local practice. He recommended that the fee be uphe...

7. Regulatory Impact Statement increasing maximum claims level in disputes tribunals [pdf, 506 KB]

   ...way that was unfair and prejudicially affected the result of the case. These limits are set in the Act. 4. Going to the District Court is expensive compared with the Disputes Tribunal – see the table below. Disputes Tribunal District Court Filing fee Claims under $2000: $45 Claims $2000 to $5000: $90 Claims above $5000: $180 200 + other filing fees for other documents Hearing fee Nil $900 per half-day Cost of lawyer Nil, unless hire lawyer for advice befor...

8. Regulatory Impact Statement: Increasing the maximum claim level in Disputes Tribunals [pdf, 537 KB]

   ...way that was unfair and prejudicially affected the result of the case. These limits are set in the Act. 4. Going to the District Court is expensive compared with the Disputes Tribunal – see the table below. Disputes Tribunal District Court Filing fee Claims under $2000: $45 Claims $2000 to $5000: $90 Claims above $5000: $180 200 + other filing fees for other documents Hearing fee Nil $900 per half-day Cost of lawyer Nil, unless hire lawyer for advice befor...

9. TU v Hakaoro [2013] NZIACDT 67 (8 October 2013) [pdf, 164 KB]

   ...grounds for this complaint. [4] However, the events prior to Mr Hakaoro being licensed are relevant. Mr Hakaoro says he was offering employment search services and no immigration service until he was licensed. In contrast the complainant says she paid fees for immigration and job search services, and was expecting to get them at the time he became licensed. [5] The difference is important. If Mr Hakaoro was holding fees for immigration services, and had not completed his instructions w...

10. [2013] NZEmpC 115 Webb v Hose [pdf, 48 KB]

    ...challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN ALLAN WEBB Plaintiff AND SAPPHIRE HOSE Defendant Hearing: By memoranda of submissions filed by the defendant on 19 June 2013 and received at Court for the plaintiff on 11 June 2013 Appearances: Garth O'Brien, counsel for plaintiff Hamish Burdon, advocate for defendant Judgment: 26 June 2013...