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1. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...it was described at the review hearing as a meeting where Mr UZ did all the talking and Mr UY nodded his assent. No documentation was prepared or signed by Mr UY to establish the extent of Mr UZ’s authority. Dr Bunbury cannot even produce a file note to record the substance of his first meeting with Mr UY. [34] I have formed the view that although Mr UY accepted it was in order for Mr UZ to instruct Dr Bunbury, he did not ever contemplate that Dr Bunbury was thereby relieved...

2. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...he and Mrs HR telephoned Mr OS to make that request. [17] He stated Mr OS had not had “contact” with Mrs C since 2011 when he prepared the second codicil to Mrs C’s will. He said because Mr OS did not remember Mrs C he had retrieved her file and proceeded to ask questions “to refresh his memory”. [18] He said on 8 November 2016, Mr OS forwarded to Mrs HR by email: (a) a “[s]uggested will”; (b) a “covering letter” from Mr OS to Mrs C; and 4 (c) Mr OS’s...

3. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...Police over claims of forgery against the trustees. Having heard from the parties, I adjourned the conference to issue written directions. [11] I then directed that the four removal applications be adjourned until the outcome of the complaint filed by Mr Donnelly was known. Once that occurred the applications would be reactivated and the filing of documents would follow within the timeframes outlined. I noted Josephine Tangihaere was appointed treasurer by the trustees and that...

4. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...advice, AJ instructed another partner in the firm to complete the purchase which was settled on 30 April. Complaint [11] AJ lodged a complaint with the Lawyers Complaints Service on 16 May 2019. She sought a waiver or refund of the firm’s fees on the matter, and reimbursement of legal fees incurred with another law firm from whom she had obtained independent advice. (1) Act competently, in a timely manner [12] AJ claimed BN, by not advising her about the land covenant within...

5. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

   ...with formally. I ask that you confirm your instructions on whether the deed can be signed and held by you until the end of next week. Otherwise, I must act in accordance with my instructions. I have commenced drafting the proceedings and will be filed this week (sic). Costs will be in issue. Happy to discuss. [25] On 3 February 2023, Mr PY wrote to the respondent tabling a spreadsheet recording a proposed starting valuation figure for the Property and proposed financial adjustmen...

6. Landon v Auckland Council [2012] NZWHT Auckland 12 [pdf, 78 KB]

   ...nor Mr Middleton called any evidence on this issue and the onus was on them to do so. [16] I conclude that it should have been apparent to Mr Matthews and Mr Middleton, particularly as they were legally represented, that by the time they filed their responses to the claim that their allegations against IAG lacked substantial merit. For these reasons, and because the defence costs sought far exceeded IAG’s potential liability, the decision by Mr Matthews and Mr Middleton to...

7. Brown - Waipaoa 1A1 (1993) 33 Tairawhiti Appellate MB 74 (33 APGS 74) [pdf, 248 KB]

   ...(for the Appellants) Mrs Bev Murray (for the Maori Trustee) HEARING: 23 August 1993, Mr Barber: I have prepared a synopsis in my argument. With respect to these two blocks, the full facts are set out particularly well in folio 140 of the application file 9179, As it appears from the records they are two very large blocks. One Waipaoa 1AI which is part of Arowhana which is one of our local mountains here, is virtually land locked. The company of Hukurangi Forest Farms which appears throughout...

8. BG v YQ LCRO 161 / 2010 (4 April 2011) [pdf, 94 KB]

   ...This was known to the Applicant at the time she agreed to allow the Practitioner to do the legal work on the sale. The Applicant was represented by a barrister, Ms BH, in these other matrimonial matters. 2 [4] The Standards Committee file that was obtained for the review contained copies of numerous exchanges between Ms BH and the Practitioner concerning relationship property and other matters involving the care of children, and also the drafting of a Section 21 agreement....

9. VM v ND & HB LCRO 249/2012 (30 November 2015) [pdf, 329 KB]

   ...seemingly associated with establishing neglect in the course of settlement discussions. We will provide further advice on that point but in the meantime our client has instructed us to assist in the preparation of a complaint to the Law Society as he feels ‘fitness to practice’ issues should now be explored. Among other things, that complaint will put in issue the appropriateness of the fee sought by Mr ND. We will advise further shortly. [28] It is readily apparent from this ema...

10. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

    ...Process [4] I am satisfied by affidavits of service sworn by Mr Dobbie and Constable R G Powell that the application and related documents were served on both Mr 'Connell and Ms de Cent on 25 May 2018. 4 [5] Neither of the Respondents filed any formal response to the documents, however on 6 June 2018, Ms de Cent sent an email to the Court stating "Christine de Cent and Dylan O'Connell would like to go to mediation with the Gisborne District Council's lawyer...