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1. [2013] NZEmpC 113 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D'Souza [pdf, 116 KB]

   ...assistance from the Department of Labour’s Mediation Service. From the contents of the final email sent by Mr Vincent Shan it seems he misunderstood what Ms D’Souza was meaning by referring to the Department of Labour. Her letter was a moderate response to the allegations being made against her. [18] Upon receipt of the letter of response from Ms D’Souza, Mr Vincent Shan, within a matter of hours, replied to her by an email in which he stated: Hi Prema, I am NOT satisfi...

2. Reid v CAC 20002 & Cox and Cox v CAC 20002 & Reid [2013] NZREADT 68 [pdf, 61 KB]

   ...between the lessee Ab Fab Flowers Ltd and the purchaser. He maintained this was a mechanism to deprive the vendor Trust of $35,000. He further stated that he directly asked the licensee whether there was a second agreement and was given a vague response. 3 [10] An agreement had been entered into between Ab Fab Flowers Ltd and the purchaser on 29 March 2011 for vacant possession of the property for a payment by the purchaser to the lessee of $35,000. [11] The licensee asser...

3. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...which Mr Mason is the sole director. Mr Mason is paid a weekly retainer by Mr Davies’ trust. Mr Mason arranges and sometimes pays for the entertainment that takes place at the premises. He drives a car that is linked to the business. He is responsible for the wages.” 8 Discussion [29] Submissions and associated materials have been filed for both parties. [30] The applicant has a number of convictions arising from dishonesty offences. He relevantly has eight co...

4. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...commission from both parties in an exchange of properties), Ms Kidd submits that the allegation that the swap activity constituted unsatisfactory conduct or professional misconduct was never squarely raised by the Committee with the appellant for his response before the first charge was laid; so that, she submits, there has been a lack of natural justice in relation to the laying of the charge. [11] Ms Kidd noted that the particulars of the misconduct charge are that, in 2006, the app...

5. Blayney v Taueki – Ihaia Taueki Trust (2013) 303 Aotea MB 81 (303 AOT 81) [pdf, 128 KB]

   ...higher rental returns for the beneficial owners. I understand that this strategy has been largely successful. 303 Aotea MB 86 [15] Tracy Waho-Blayney and Clare Williams-Climie were appointed trustees in 2010. Mrs Waho-Blayney said, in response to questions, that initially the trustees had been able to work together but that was only so long as they agreed with Mr Taueki. Mr Spicer made the same point. The relationship began to break down seriously when the majority of trust...

6. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...certified costs under s 257 at $3,600. 6 [13] Ms Clarkson opposed any costs order against her, which surprised the Tribunal given that in the joint memorandum she had agreed to pay the Standards Committee costs claimed of $5,000. In response to a question from the Tribunal about this change of position on costs, Ms Clarkson said that she accepted she had agreed to pay the costs of $5,000 when the joint memorandum filed with the Tribunal was signed at the end of August t...

7. FZ v UL LCRO 257 / 2010 (17 October 2011) [pdf, 127 KB]

   ...1990; Complaints Committee 1 of the Auckland District Law Society v C [2008] 3 NZLR 105). Conduct unbecoming has a slightly lower threshold. The test is whether the conduct is acceptable according to the standards of “competent, ethical and responsible practitioners” (B v Medical Council [2005] 3 NZLR 810, 811). [23] With regard to billing, only complaints of gross overcharging could justify the commencement of proceedings of a disciplinary nature under the Law Practitioners...

8. Redruth v Dereham LCRO 154 / 2010 (10 November 2010) [pdf, 132 KB]

   ...later when, in the face of a strike out application, he instructed that the claim proceed. It would be naive and unrealistic to confine the Applicant‟s decisions solely on the written advice of the Practitioner (and thus hold the Practitioner responsible) for a decision made by the Applicant at a time when he was fully aware (from a range of legal opinions) of the litigation risks. Fees related complaint [52] The Standards Committee had dismissed the complaint against the Pr...

9. Z v D LCRO 4 / 2008 (23 April 2009) [pdf, 44 KB]

   ...also numerous other files which he considered were relevant, as well as copious electronic documents both in relation to the matters in issue, and other matters. It was also signalled that further material was available if desired. A substantive response was provided by Lawyer D on 2 February 2009, along with a supporting letter from Mr X (the partner of Lawyer D) and Ms B (a legal executive in that firm). The response of Lawyer D was replied to by Clients Z and Za on 24 February....

10. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

    ...day:3 I will consider your attachments later today and will look at a strategy based on proceedings rather than the approach to the charities which we discussed earlier. Costs are always difficult to estimate as they are always dependent on the response of the opponents and on the procedural steps needed. In this case we can anticipate opposition by the [organisation] and possibly Mr CS sister's friends. The charities may or may not oppose. You have said family members won'...