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...20 READT 51/11 IN THE MATTER OF a charge laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 10054) Complainant AND ROBERT FRANCIS SUBRITZKY Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member BY CONSENT HEARD ON THE PAPERS DATE OF DECISION: 26 April 2012 COUNSEL Mr L J Clancy – counsel for complainant Mr V Anand for defendant DECISION O...
...He estimated he was driving at 90km/h and the speed or the oncoming car appeared normal. “I suddenly saw a male standing in the middle of the right hand lane. I was probably only about 50 metres from the other car when I saw him. It is hard to judge the distance as we were both closing on each other fairly quickly. I think the guy must have been almost half way between me and the car when I first saw him. It looked like he had his hands up and was facing the car driving towards him....
...to him by the agents (if in fact the agents appreciated them, which given their finding of unsatisfactory conduct maybe unlikely). We do not consider that every error an agent makes is a direct result of inadequate supervision. Every case must be judged on its merits and the particular facts. Mr Maserow’s supervision relied on his previous knowledge of the two agents’ skills. He considered that they were experienced and therefore accepted that the agreement was appropriate. His e...
...him after the first text that he should not have contacted Ms Blackledge. After he received the further text from Ms Blackledge he had text Mr Towers a caution saying while he was not acting as a real estate agent he was still vulnerable to being judged as an agent. Mr Towers responded to him: 4 “I understand, thanks Bruce. By the way it was a text. Ems has spoken to her friend who is now not interested in the apartment so no more contact with this woman. Regards Allan....
...MN was instructed by [Law Firm A] to act for Mr HT in defending charges laid against him by the… REDACTED. [3] It was contemplated that the trial would continue for a period of eight weeks. However, following a sentencing indication by the Judge, Mr HT pleaded guilty to the charges and consequently the trial did not proceed as anticipated. 2 [4] The fee agreement with Mr HT included a term that if the trial did not proceed for eight weeks, then Mr MN would be entitled to c...
...those actions freely and without undue pressure or influence. 16. The presumption of the Bill is that persons of 18 years and over are of sufficient maturity to do testamentary actions, whereas persons who are under 18 are not, unless specifically judged to be. 17. It can be argued that persons of 16 or 17 years, who are more likely still to be at secondary school, may be more susceptible to influence by factors such as peer pressure in the school environment, or pressure from family me...
...can be no lodgement of documents after the closing time of the Registry, which is generally recognised to be between the normal working hours of 9:00 a.m. and 5:00 p.m. This is supported by AEL Group Ltd v Kensington Swan Lawyers 31/7/08, Associate Judge Christiansen, HC Christchurch CIV-2008-409-1225. There the Court found that service on a law firm after 5:00 p.m. on a business day would not be effective (although in the circumstances considered by the Court service by facsimile prior...
...effectively removed themselves from professions through their hubristic belief they stand above the regulation of their profession; that hubris then leads to contemptuous behaviour. While the conduct was far less egregious than Ms Shadforth’s behaviour, Judge D M Wilson QC’s observations in Prakash v Kumar 4 CIV-2013-004-000019, Auckland District Court, 7 May 2013 (http://www.iaa.govt.nz/adviser/news/decisions/index.asp) illustrate how lack of contrition and blaming othe...
...the word “determination” refers to the conclusive disposition of the complaint. See for example the Shorter Oxford English Dictionary which provides as a definition “the settlement of a suit or controversy by the authoritative decision of a judge or arbiter, a settlement or decision so made, an authoritative opinion” and “the settlement of a question by reasoning or argument”.10 [27] An interpretation of “determination” that construes it as a final disposition of a c...
...Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-029) ... (continued on last page) Appellants SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner R M Bartlett Environment Commissioner S G Paine Hearing: In Chambers at Christchurch Date of Decision: 6 November 2020 Date of Issue: 6 November 2020 FOURTH INTERIM DECISION OF THE ENVIRONMENT C...