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1. GN v HJ LCRO 30/2015 (22 June 2016) [pdf, 69 KB]

   ...factors The factors to be taken into account in determining the reasonableness of a fee in respect of any service provided by a lawyer to a client include the following: (a) the time and labour expended: (b) the skill, specialised knowledge, and responsibility required to perform the services properly: (c) the importance of the matter to the client and the results achieved: (d) the urgency and circumstances in which the matter is undertaken and any time limitations imposed, incl...

2. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 KB]

   ...magnitude (at least $21,000) and proportion (less than a third of the fee could potentially be justified), is sufficient to require that Mr Loh have his licence cancelled. Removal from the profession is the only appropriate consequence. [80] Mr Loh’s response to the complaint is not a matter that is distinctive in a favourable way. His reluctance to accept responsibility does nothing to suggest the Tribunal should consider that Mr Loh’s dishonesty should not be followed by the usual c...

3. AZ v ZT LCRO 100/2013 (6 May 2014) [pdf, 173 KB]

   ...Committee, it is important to consider the Act’s general purposes of maintaining public confidence in the provision of legal services and protecting consumers of legal services. In addition, Part 7 of the Act envisages that providing for a more responsive regulatory regime in relation to lawyers contributes to achieving the purposes set out in s 3(1). The regulatory regime includes the complaints and disciplinary provisions set out in Part 7 of the Act, which establishes the fra...

4. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...Chen with that knowledge. After she was licensed she continued to hold the fees dishonestly procured and refused to refund them in whole or in part. In these circumstances, I consider that Ms Gu-Chang is a party to the dishonesty and does not avoid responsibility for it. Compensation and refund of fees [91] There is no nexus between the grounds on which the complaint has been upheld and Mr Chen continuing to live in Auckland. That was what he wanted to do; he had his home there with his...

5. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...magnitude (at least $21,000) and proportion (less than a third of the fee could potentially be justified), is sufficient to require that Mr Loh have his licence cancelled. Removal from the profession is the only appropriate consequence. [80] Mr Loh’s response to the complaint is not a matter that is distinctive in a favourable way. His reluctance to accept responsibility does nothing to suggest the Tribunal should consider that Mr Loh’s dishonesty should not be followed by the usual c...

6. C v The Real Estate Agents Authority (CAC 414) & Complainant A [2018] NZREADT 20 [pdf, 274 KB]

   ...and no appropriate clause came from that, the licensee thought the complainant no longer required his help. It would have been appropriate for the licensee to ask the complainant if she still required the clause. This would have been a normal response after the complainant had already asked for this assistance, and would have meant that the licensee would not have found himself in this position. The complainant asked for assistance, but did not get it from the licensee, who mad...

7. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...on the defendant on 14 December 2017. Some documents were provided under the notice; 2 Employment Court Regulations 2000, reg 38. 3 Regulation 40. others were not. The defendant’s response to the notice requiring disclosure set out the documents that were: (a) in the defendant’s control for which no privilege or confidentiality was claimed (Part 1); (b) documents that were in the defendant’s control and for whic...

8. LCRO 099/2016 IJ v KL (28 July 2017) [pdf, 225 KB]

   ...(c) Repeats his criticism of Mr KL not having provided him with pre- settlement advice. (d) Introduces issues concerning the preparation of the relationship property agreement that were not contained in his complaint. Mr KL’s reply [17] In response to Mr IJ’s review application Mr KL states that he has nothing further to add to his reply to Mr IJ’s complaint except to say that his hourly charge out rate was $300, not $350.10 Review on the papers [18] The parties have agre...

9. LCRO 130/2016 RB v ZB (28 June 2017) [pdf, 229 KB]

   ...two occasions that Mr RB and Ms TB had agreed that Ms TB would grant the right of way easement. He claims that this acknowledgement is further evidence that the file notes were on the file at the time Mr TC left Mr ZB’s firm. 6 Mr ZB’s response [21] Acting on Mr ZB’s behalf, his lawyers state that Mr ZB’s position was fully set out in their response to the complaint and attached statement of Ms TE provided to the Committee.9 Request to uplift Mr RB’s file [22] M...

10. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

    ...indicative boundary line), and she told the vendor about Mr Greenfield’s contentions. When the vendor came back with instructions to continue marketing the property, she referred the matter to her manager, Mr Bates. [48] Ms Boyce must bear some responsibility, because of the importance of the issue, and the fact that the issue was going to be passed on to the eventual purchaser. It was not for her to dismiss the second respondents’ contentions as substantially lacking credib...