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...believed The Warehouse would act in good faith. Her representative put it that Ms Randle believed that The Warehouse would follow a proper and thorough process and that it would not do anything that would mislead her, such as falsifying a witness’s statement. [20] She also says that she did not speak to any of The Warehouse staff because she was told not to by The Warehouse investigators. 9 Yong, (t/a Yong and Co Chartered Acc...
...misrepresentation by or on behalf of another party, the original party is entitled to damages (s.35 CCLA). 8. A misrepresentation is a false statement of past or present fact, may be either innocent or intentional, and includes half-truths. Statements of opinion are not misrepresentations unless they contain implicit representations of fact. Silence is not generally a misrepresentation unless there is a duty to correct an erroneous previous statement. 9. KE and LE say they we...
...Kenneth Haeata-Kuku, which was produced in evidence by Sonia Tangiora Haeata-Kuku. That whakapapa was based on knowledge passed to Kenneth by his mother. There was no apparent whakapapa link between Kenneth and Mary’s mother. [19] The ‘whakapapa statement for Charmaine Kerehoma’ subsequently provided to the Court by Mary in March 2017 did not substantiate the claim to a direct whakapapa link. [20] The Whakapapa statement was primarily directed toward establishing that Charmain...
...event of the Labour Inspector’s case being proved. [7] The substantive proceedings are expected to be heard in the Employment Court later this year. [8] The proceeding for freezing and ancillary orders has been commenced by way of a further statement of claim. It is supported by an affidavit of Ms MacRury, a principal Labour Inspector, and a memorandum of counsel for the Labour Inspector. In addition, draft proposed orders have been filed. [9] Counsel for the Labo...
...evidence; there was no proper basis to do otherwise. It was the only sworn evidence; it was plausible and consistent with the contemporaneous written record. It follows that the Tribunal must reject this complaint. The complaint [6] The Registrar’s Statement of Complaint put forward the following background as the basis for the complaint. It was based on the complainant’s statements: [6.1] On 31 May 2013, a person known as Mr Mahesh introduced the complainant to the adviser. The a...
...founded on what he did, or failed to do. He is not responsible for the conduct of other people, except to the extent it is a result of him breaching his professional obligations. The Complaint The background facts [12] The Registrar filed a statement of complaint which set out a factual narrative. The main elements of the factual background were as follows: Three clients [12.1] The complaint concerns three clients, none of whom have brought the complaint. The Complainant is IN...
...how that miscalculation occurred except to accept it was just a mistake on his part. [7] On 16 January 2024, the present application for leave to extend time to file the challenge was filed, supported by Mr Malone’s affidavit and a draft statement of claim. Analysis [8] The Court has jurisdiction to extend the time for a challenge to be filed.3 There are established principles applied to assist the Court in exercising that discretion, but the overarching consideration is...
...Complaint, which set out reasons for potential findings against him, as the Registrar had been given an explanation some 16 months previously. According to Mr Patel, the explanation clearly identified there were no breaches of the Code. [9] He generally claimed he had not offended, and impliedly claimed no sanctions should be imposed for that reason. Discussion Mr Patel’s submission that the Tribunal’s findings are wrong [10] Mr Patel’s submission that he did not respond to the...
...dishonoured cheques establishes Ms Navarette-Scholes issued them as a result of her failure to maintain professional business practices. [6] The Tribunal has concluded the grounds of complaint have been made out. The complaint [7] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [7.1] Ms Navarette-Scholes is a licensed immigration adviser, and the director and sole shareholder of ANZSIIS Consulting Ltd (the compan...
...seemingly having “taken [it] upon himself” to act as executor and trustee of Mrs LF’s will instead of applying to the Court for directions when BG became unwell, and later upon BG’s death. (b) Personal property in the family home [39] Mr LF claims (a) Mr DN had not carried out Mrs LF’s wishes expressed in her will, and had ignored his lawyer’s requests for information about both Mrs LF’s and BG’s respective estates, and (b) Mr DN and JL had “no regard for the law...