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1. ET v T Ltd [2023] NZDT 223 (14 April 2023) [pdf, 195 KB]

   ...negligence by the respondent’s staff member. The applicant claims $2,495.00 from the respondent which is made up of $405.00 for a new tailgate, $1,000.00 for stress and worry, $1,000.00 for the applicant’s time and $90.00 for the Tribunal’s filing fee. 2. At the hearing the respondent provided evidence to show that it had paid the applicant $405.00 on 15 February 2023 to compensate her for the cost of the tailgate that she replaced on her friend’s trailer. The applicant confi...

2. QH v TU Ltd [2022] NZDT 12 (22 March 2022) [pdf, 236 KB]

   ...be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporti...

3. Form-205w-Application-for-financial-assessment-hearing-FINAL-9-December-2024.pdf [pdf, 370 KB]

   ...you want the debtor to attend an in-person court hearing to assess their financial means. You can also attend this hearing. • you can only use this form to apply for one financial assessment of one debtor. If you have more than one debtor, you must file a separate application for each debtor. • You can provide an address for the judgment debtor or you have been advised that the Ministry of Justice has found an address for the judgment debtor. How do I complete this form? This form has...

4. Form-205w-Application-for-financial-assessment-hearing-FINAL-9-December-2024.pdf [pdf, 370 KB]

   ...you want the debtor to attend an in-person court hearing to assess their financial means. You can also attend this hearing. • you can only use this form to apply for one financial assessment of one debtor. If you have more than one debtor, you must file a separate application for each debtor. • You can provide an address for the judgment debtor or you have been advised that the Ministry of Justice has found an address for the judgment debtor. How do I complete this form? This form has...

5. Kuttikkatt v Standing [2014] NZIACDT 40 (27 March 2014) [pdf, 72 KB]

   ...to assist her to apply for residence visas for her and her family; the adviser did not complete the process. This Tribunal cancelled his licence due to an unrelated complaint. The adviser did not tell the complainant what had happened, refund the fees he had taken in advance, or arrange for ongoing representation. [2] The adviser has not responded to the complaint. This issue for the Tribunal is whether the circumstances amount to grounds to uphold the complaint. [3] The Tribunal has up...

6. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...new solicitor. [27] During the period when Mr TI had been acting for the estate, Mr GU says that he received no accounts from Mr TI. He was therefore somewhat shocked when a statement was provided with the files to his new solicitor showing that fees had been deducted to the extent that only a small balance remained of the money received following closure of the ASB account. He says that if he had known what fees were being charged, he would have taken steps earlier to instruct a...

7. LCRO 86/2022 PR v KG and VW (12 November 2024) [pdf, 499 KB]

   ...[19] Mrs PR was ordered to pay costs on a category 2 basis. [20] The overall effect of the lodging of the Notice of Claim and the litigation to have it removed was to delay a possible sale of the property at a cost to Mrs PR of Mr KG’s fees and the costs ordered against her. [21] Following on from the judgment of Associate Judge CC, Mr KG then prepared various Deeds to effect the process which had been identified by the Judge. He subsequently lodged a caveat against the t...

8. LCRO 250+251/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [pdf, 281 KB]

   ...(ii) using his position as trustee of the JY Family Trust to generate substantial and excessive income for his legal practice; (iii) withholding access to R JY’s original will from the named executors of the estate; (iv) denying access to files so that the reasonableness of the fees charged would not be able to be assessed; (v) unreasonably delaying his retirement as trustee of the JY Family Trust; and (vi) being obstructive and delaying the winding up of the JY Family Trus...

9. LCRO 251+250/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [pdf, 281 KB]

   ...(ii) using his position as trustee of the JY Family Trust to generate substantial and excessive income for his legal practice; (iii) withholding access to R JY’s original will from the named executors of the estate; (iv) denying access to files so that the reasonableness of the fees charged would not be able to be assessed; (v) unreasonably delaying his retirement as trustee of the JY Family Trust; and (vi) being obstructive and delaying the winding up of the JY Family Trus...

10. Kanta v Prakash [2014] NZIACDT 64 (05 May 2014) [pdf, 126 KB]

    ...was no written agreement when the adviser accepted instructions to apply for a residence visa; [6.3] He undertook some additional work, again with no written agreement; [6.4] He then attempted to recover interest and collection costs on top of fees. [7] The allegation is that the adviser failed in his duties to: [7.1] Have a written agreement covering all the professional services he provided, [7.2] Set out the costs of those services in advance, and [7.3] His claim for interest...