Search Results

1. Gemmell - Mohaka A4 Trust (2011) 11 Takitimu MB 86 (11 TKT 86) [pdf, 109 KB]

   ...for relief under the Trustee Act 1956 is presently before this or the Lower Court and none of the steps outlined in earlier authorities have been followed by the Appellant at this junction. Ultimately, the Court’s supervisory responsibility in relation to the trusts requires the necessary step of removing the Appellant. [31] Ms Phillips is a debtor to the Mohaka A4 Trust, with Desmond Brough, to the tune of $5,847.53. 4 That debt arises out of the award of costs made against Ms P...

2. CAC 10054 v Subritzky [2012] NZREADT 19 [pdf, 129 KB]

   ...from the defendant was sent shortly after at 6.30pm. It read “F..k you you south african c..t”. [7] There was quite brief evidence from a Mr Michael Dingwall, a private investigator, explaining how he engaged Mr Steyn to serve documents relating to a failed real estate venture in Australia on the defendant on 2 August 2010. [8] There was also evidence adduced from Mr Shaun Millar, an investigator for the complainant, regarding various documentary exhibits. [9] Finally, t...

3. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...situation. [13] It was also submitted on behalf of the respondent that his conduct might have arisen as a result of an acute and untreated medical condition, and that, apart from the earlier disciplinary matter noted above occurring within the same relatively short time frame during which his mental health was said to be affected, his professional conduct was at all times satisfactory. It was also submitted that as a consequence of his treatment and recovery such conduct was un...

4. RB v CG LCRO 117/2013 (30 June 2014) [pdf, 56 KB]

   ...high. For the reasons discussed above, there was no failure to properly advise, so that cannot be a reason to reduce Ms CG’s fees. [49] Ms RB does not say that Ms CG’s fees are unfair or unreasonable for any other reason. Her attendances related to two mediations and preparation for a defended 9 hearing which was settled shortly before the hearing by consent. Ms RB made some payments, but says she stopped after police arrested her husband for breaching the protecti...

5. Ron Lunken Family Trust v Haywood Construction Limited [2011] NZWHT Auckland 66 [pdf, 95 KB]

   ...Even if Mr de Geest did select the type of cladding, it was the installation and not the type of cladding that caused the defects. The evidence adduced does not support the allegations made or establish that Mr de Geest performed any task related to the alleged defects. [33] For these reasons I am not satisfied that Mr de Geest carried out any relevant role in the construction, other than as a director of Haywood. The fact that he was on site frequently is consistent wi...

6. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...case, that this was a file which was progressed over a lengthy period of time. Shortly after he had taken on the role of instructing solicitor, it came to Mr AJ’s attention that Mr AK had not renewed his practising certificate. Considering the relatively short period of time between providing his letter of engagement and discovering that Mr AK was unable to continue to act, I do not consider that criticism can be made of Mr AJ that he failed to sufficiently engage with Dr AI. Co...

7. Duty Lawyer Policy July 2017 [pdf, 460 KB]

   ...steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Published by the Ministry of Justice 2012 © Crown Copyright Ministry of Justice The...

8. Timoti v Te Are - Torere 33 (2017) 171 Waiariki MB 83 (171 WAR 83) [pdf, 265 KB]

   ...statute or by any rule of law or by virtue of its inherent jurisdiction) in respect of trusts generally. Nothing in subsection (1) shall limit or affect the jurisdiction of the High Court. [22] The Court has extensive supervisory powers per s 237 relating to trusts.8 Discussion [23] It is apparent that there are historical and continuing issues hampering the operation of the Torere 33 trust and the utilisation of the block. It is also evident that there are ongoing issues betwe...

9. JV v QG LCRO 65 / 2011 (13 September 2012) [pdf, 91 KB]

   ...did not provide an undertaking in the sense that it is recognised by lawyers, those outcomes are inappropriate. [44] Other than this, Mr JV seeks that the LCRO “exercises the powers that could have been exercised by the Standards Committee in relation to this complaint and to acknowledge the inherent responsibility assured by Mr [QG’s] response and assurance Mr [QF] would be responding to Mr [JV]”. [45] Orders than can be made by the LCRO are contained within section 156 of th...

10. Duty Lawyer Policy v2.3b [pdf, 549 KB]

    ...steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Published by the Ministry of Justice 2012 © Crown Copyright Ministry of Justice The...