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1. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...other issues arising from comments made on his conduct have been referred by a Committee to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal). Mr DY would like the Committee’s decision reversed or “put with other matters” for which he is to appear before the Tribunal. [24] Mr DY adds that Mr UQ cannot be located. Review Hearing [25] Mr DY’s lawyer, Mr GP, attended a review hearing in Christchurch on 13 July 2018, saying Mr DY was too unwell...

2. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...on the sale of the property. [6] Ms FM instructed a new lawyer. [7] She filed the complaint that has subsequently led to this review with the Complaints Service. [8] Whilst the complaint was being investigated, Ms WJ took steps to settle the matter through discussions with Ms FM’s new lawyer. A settlement was reached whereby Ms WJ paid Ms FM $760 as a contribution to the purchase of a new stove. [9] That so far as Ms FM was concerned was the end of the matter. She did not wi...

3. Brooking v Andrews - Waipapa 9 and Others (2022) 273 Waiarki MB 35 (2022 WAR 35) [pdf, 290 KB]

   ...9 Trust, and an application by the current applicants seeking the removal of Mr Andrews as a trustee. I dismissed Mr Andrews’ application and ordered his removal as a trustee pursuant to s 240 of the Act.1 The applicants seek costs for these matters. [3] Mr Andrews submits that the applicants have brought this application following a significant and unreasonable delay and therefore seeks that it be dismissed. Kōrero whānui Background [4] This application arises following...

4. LCRO 176/2021 BR v UE and VJ (7 December 2022) [pdf, 223 KB]

   ...permitted. In the middle there is an area where lawyers must read carefully. … Threats, scandalous allegations and other perils for stressed lawyers 16 … 1.2 … A hallmark of professionalism, particularly in contentious adversarial matters, is civility and the requirement to rise above the heat and intensity of conflict. This is the theme in many of the Conduct and Client Care Rules … 1.3 … The distinction needs to be made between (legitimate) fearless advocacy and...

5. Hunstanton v Gretna LCRO 27 / 2010 (13 July 2010) [pdf, 126 KB]

   ...appropriate or necessary. The decision of the Committee adopted an opinion of Mr YY (as a costs assessor) which had been provided to the parties. Ms Hunstanton sought a review of that decision. [2] The application for review raised a number of matters which were not specifically dealt with by the decision of the Committee including a failure to obtain consent of the beneficiaries to the deduction of fees, a failure to provide time records, a discrepancy between the time-costed am...

6. Family Court E solution Amendment Rules 2024 PCO26422 v1.23 4 December 2024 Consultation version.pdf [pdf, 1 MB]

   ...in rule 8(1) information means information in electronic form Example — information in document The information may be information contained in a document (for example, an electronic copy of a paper, or other non-electronic, document). It does not matter whether the document is, or has ever been, in the custody or control of the court. It also does not matter how legislation outside this Part refers to the document (for example, whether it is called any authority, declaration, direction, doc...

7. Li v The Real Estate Agents Authority NZREADT 10 [pdf, 346 KB]

   ...was going to be a relevant issue. She should have given evidence about this before the CAC. In any event, the relevance of this material is marginal in the view of the tribunal. [50] It is not considered therefore that the requirements of justice justify leave being granted to Ms Li to give the additional evidence which she seeks to on this matter. The facility of Ms Li in the English language [51] The appellant seeks leave to place further evidence before the court which...

8. [2015] NZEmpC 4 Booth v Big Kahuna Holdings Ltd costs [pdf, 111 KB]

   ...That suggests two things. First, that the legal costs of preparing for and attending at an investigation meeting should be modest. Second, imposing a substantial costs burden on unsuccessful litigants almost inevitably gives rise to access to justice issues, particularly (although not exclusively) for employees. This has particular relevance to the weight that might otherwise be given to Calderbank offers in the Authority, and whether the ‘steely’ approach that is said to app...

9. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [pdf, 289 KB]

   ...Catering Ltd (PRI) and Mr Hay should pay the balance on a joint and several basis. [4] For Ms Alim, Ms Wendt argued that the jurisdiction to make orders of this type may need to be considered. It was also submitted Ms Alim had attempted to resolve matters practically, and she had been largely successful. Ms Wendt argued that no award for costs should therefore be made against Ms Alim in relation to the proceeding in this Court. [5] With regard to Ms Alim’s costs challenge, it...

10. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

    ...that he is a 50% shareholder in the land and that his father, Putere, was in fact the owner of the house, and that Putere's interest passed to Terence by succession and a family arrangement between Terence, his mother and his siblings. 2. The matter was heard on the 29th May 2006 before Judge Harvey, and Thomas gave oral evidence at that time. Judge Harvey adjourned the matter to allow the parties to file closing submissions. The file was then referred to me for decision. Facts...