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  1. BT v OS LCRO 2/2013 (17 November 2014) [pdf, 81 KB]

    ...failure to reach the right outcome to it having adopted OS’s summary of his complaint, which he says does not accord with the complaint that he made. BT said that OS took advantage of him, to his cost, and reiterated his view that as OS was responsible for his losses, he should compensate him for them. [34] BT says the Committee was wrong to construe his complaint as alleging that OS had misled him as to the terms of the fit-out agreement. Nor, he says, did he allege that OS h...

  2. Grubb and Anor as Trustees of the Bas Trust v Auckland Council [2011] NZWHT Auckland 58 [pdf, 108 KB]

    ...purchasers buying that type of property to carry out a building report before purchasing. He then set out what advice and options would be available to the client if an adverse report came after entering an unconditional contract. [23] In response to Mr Jones‟ evidence, Robert Eades, who is also an experienced property lawyer, stated that he believed Mr Jones could only be an „expert‟ in limited ways. He agreed with Mr Jones that it was not common for purchasers to se...

  3. NE v RL LCRO 88/2013 (27 February 2015) [pdf, 82 KB]

    ...RL’s conduct and fees charged by her firm. Background The Complaint [2] On 1 February 2011 Mr NE instructed SA to represent him in a paternity dispute before the Family Court. In his complaint to the New Zealand Law Society (NZLS)1 [3] In response to a request for an estimate of costs, Mr NE says he was told that a day’s hearing in court would cost between $5,000 and $7,000, but he says that fees then Mr NE says he initially met with Mr SA, and was told that Ms RL would as...

  4. BW v SC LCRO 1/2015 (8 April 2015) [pdf, 85 KB]

    ...background, including his personal circumstances and health issues. He refers to declined indemnity insurance claims, judgments against him, threatened and actual bankruptcy with a declaration being made on 20 December 2012. He expressed the view that responsibility for claims made against him should have been borne by all three partners, not just him, although he also says that once out of bankruptcy he hopes to repay some or all of the diverted fees back to his co-directors, and f...

  5. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

    ...a copy of the invoice because he did not possess one was a reviewable error. [15] At the heart of Mr CM’s review application, however, is his contention that Mr RG had a copy of the invoice, and should have produced that for inspection in response to the request under the High Court Rule. He says Mr RG should have accurately recorded the narration in the invoice in his chronology, and by not doing so he has contravened his absolute duty of honesty to the court. Role of LCRO o...

  6. LQ v VN LCRO 43 / 2011 (3 May 2012) [pdf, 107 KB]

    ...decision. Payment was therefore due to be made by 23 July 2010. On that date, VN wrote to the New Zealand Law Society requesting deferral of the requirement to pay the ordered damages and costs. Whilst I have not sighted the Law Society’s response, I would expect that it would have indicated to VN that the Society had no jurisdiction to defer the requirement to pay the specified amount to LQ. On 19 October 2010 VN sought a transcript of the review hearing. On 21 October 2...

  7. 2017 NZSSAA 063 (20 October 2017) [pdf, 247 KB]

    ...expressed concern that the decision appealed against lacked merit, was not managed properly from an evidential point of view, and that there was an unacceptable attempt to lead evidence of a lawyer acting dishonestly. [53] Instead of contrition, the response from the Chief Executive’s counsel has been an endeavour to justify the conduct of the appeal. 12 [54] He generally says that the evidence supported the Chief Executive’s position. He also says the appeal had mer...

  8. E71 Keith Ingram - EIC - Tug William C Daldy [pdf, 3.5 MB]

    ...is made on 4th August 2012 Between (1) Auckland Waterfront Development Agency limited (Waterfront Auckland) And (2) The Tug William C Daldy Preservation Society Inc. (The Society) INTRODUCTION Waterfront Auckland recognises The Society's responsibility and duty of care in preserving, maintaining and operating the heritage steam tug William C Daldy, as the last of her type and class still in survey in the world today. This vision is shared by Waterfront Auckland so that the commun...

  9. Taurua - Te Tii Waitangi A (2016) 143 Taitokerau MB 117 (143 TTK 117) [pdf, 221 KB]

    ...those specific topics I briefly summarise the position in relation to the various directions. [18] The trustees never received copies of all the documents I specified in my directions. 8 Hinewhare Harawira and Merehora Taurua, who were primarily responsible for attending to these tasks, gave various reasons for failing to complete these tasks including the trust did not have the funding to do the photocopying. I reject these reasons. What I

  10. ENV-2016-AKL-000203 Frizzell v Auckland Council [pdf, 5.6 MB]

    ...intended re<:ipient. any use. disdosure or copying of this message or attachments is slJ1ct:1y prohibited. tf you have received this email message In error please notify us Immediately and erase aU copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our ema~ . or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessaril...