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...there were significant mitigating circumstances which ought to be taken into account, namely that: (a) The undertaking was provided gratuitously. (b) The recipient of the undertaking did not rely upon it or act in any way to its detriment in response to the undertaking. (c) There was no element of personal gain to the practitioner. 1 Complaints Committee of the Canterbury District Law Society v W [2009] 1 NZLR 514. (d) The...
...it, whether or not that statement, document, information, or matter would be admissible in a court of law.” (c) Regulation 17(1) of the Real Estate Agents (Complaints and Discipline) Regulations 2009 which makes the Chairperson of the Tribunal responsible for making “such arrangements as are practicable to ensure the orderly and expeditious discharge of the functions of the Disciplinary Tribunal”. [15] It is submitted for the appellants that a finding of jurisdiction to order di...
...precursor steps being taken, although that must of course be done in a professionally proper way. [35] In this case, Mr DL wrote directly to Mr VM. Unfortunately, he did not suggest to Mr VM that he seek legal advice before taking any steps in response to his letter. In many circumstances it would be appropriate to include advice to seek legal advice. [36] However, Mr VM was not a novice in dealing with debt recovery. He was a director of a company that had been through lengthy d...
...accepted the terms set out in this letter and our Terms of Engagement. (e) Our engagement is with you. Any advice applies to you only and is not intended to be relied on or provided to any third party. (f) Kindly note that you will be directly responsible for GH’s fees and that it is not [MN’s] policy to meet those fees. (g) It is anticipated that GH will be attending to most of the work in your matter. However, if we are required to undertake any work we will charge at...
...related prosecution. [26] The Registrar has elected not to apply for costs of investigation or representation. Given Mr Letalu’s claimed inability to meet any order, the approach is not surprising. [27] Mr Letalu has generally resisted admitting responsibility for the complaints, and the Tribunal has incurred the cost of dealing with them. However, there would be an element of futility in making an order for the costs of the hearings and I will accordingly not make such any order. [2...
...She has no insight into her conduct and says the Tribunal’s decision was wrong. [11] Accordingly, the Tribunal must address the issue of Ms Tan’s licence. Serious misconduct has occurred and the Tribunal has not received from the adviser any response that contains an element of contrition or insight. 3 [12] Indeed that understates the position. Ms Tan made a personal attack on her client in response to the complaint. It extended to allegations of dishonesty and claim...
...trust account ledger in the names of those 6 persons into which he receipted the sale proceeds. Mr SN has adopted the same approach. [33] As part of the review in A J v Z Q, I wrote to the New Zealand Law Society Inspectorate, the body responsible for ensuring that legal firms comply with the Trust Account Regulations. The purpose of the letter was to confirm that the steps taken by the solicitor in that case were correct and that he was not required to open a separate...
...and alleged deficiencies in a trust account receipt. The Standards Committee Determination [8] In its decision dated 30 June 2011, the Standards Committee summarised the factual background and itemised in considerable detail the complaint, the responses and the replies to those responses. It included in its deliberations a second complaint (received by letter dated 29 March 2011) which alleged that the respondent, Mr VS “did not properly comply with a High Court Order, misled the...
...that some restraint on the respondents' continuing ability to deal with the assets of the trust and the company was necessary. Submissions for the First Respondents [10] Mr Hope submitted that: (a) the first respondents acknowledge their responsibilities to the beneficial owners and to the Court. They are deeply concerned as to the behaviour of the second respondent who acted without authority in using trust funds for his personal benefit; (b) the first respondents are being...
...to give effect to this order. d) If objections are received then the matter should be referred to the Chief Judge for directions. Procedure [6] The Registrar’s Report was distributed to parties on 27 July 2016 advising that any written responses or objections were to be filed at the Office of the Chief Registrar Wellington, no later than 24 August 2016. [7] On 22 September 2016, the Registrar’s Report was distributed to other whānau members who’s addresses where provide...