Search Results

1. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...Process [52] On 6 May 2021, I issued a Minute in which I invited the parties to provide submissions on the following issues: (a) The conflict of interests which arose when Mr BD acted for both Mr RW and Ms SL and whether Mr BD obtained informed consent from each of them as required by r 6.1.1 of the Conduct and Client Care Rules. 29 At [8.4]. 30 Ms EC, email to LCRO (23 March 2021). 31 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 12 (b) Mr RW’s understand...

2. 27.-Evidence-of-Mr-Doug-Fairgray-Economics-and-Town-Centre-Impacts.PDF [PDF, 246 KB]

   ...Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF EVIDENCE OF JAMES DOUGLAS MARSHALL FAIRGRAY ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY ECONOMICS AND TOWN CENTRE IMPACTS Dated: 4 July 2023 mailto:david.allen@buddlefindlay.com mailto:thaddeus.ryan@buddlefindlay.com...

3. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [pdf, 242 KB]

   ...don’t need your permission The property is for sale. You are required under the residential tenancies Act to comply. You have received notice and buyers will be through from tomorrow. [10] The complainant responded stating that the tenants would consent to buyers being shown throughout the house subject to the following conditions: That [the tenants be] given at least 24 hours’ notice whenever a potential buyer is planning to look at the house; That [the tenants be] told the...

4. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...to the Court of Appeal, the fraud proceedings were filed on 17 March 2009. These proceedings sought orders that the findings, directions, orders and decisions of Judge Shaw in the proceedings WRC 17/04 and WRC 19/05, which are detailed in the statement of claim, were obtained for the benefit of the defendant by fraud, that they be set aside and be of no further effect and the defendant be held in contempt of Court and pay a fine. The plaintiff also sought to have the statements of...

5. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...[3] Prior to the substantive hearing, there were issues as to whether the correct defendant(s) had been cited. The plaintiff initially sought judgment against the second defendant only; ultimately the plaintiff filed and served a second amended statement of claim which cited the first defendant company, Bruce Wilson Painting & Decorating Limited, and the second defendant, Bruce Wilson t/a Wilson Painting & Decorating. Although the primary issue is the identification of the c...

6. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

   ...tell her that Mr A was an unlicensed immigration adviser. She believed he deliberately withheld this information. [28] The complainant stated that Mr Ji’s letter of 20 October 2019 to Immigration NZ had “a mass of unprofessional and false statements”. He did not check the accuracy of the facts with her. He did not give her enough advice about the evidence that needed to be provided. She told him that it was Mr A who had advised her to describe her marital status as singl...

7. BORA Parliament Bill [pdf, 229 KB]

   ...officer has reasonable grounds for requesting, such as the person’s name and address, and the person’s reason for wanting to enter the parliamentary precinct (clause 169); or 3 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1. b. failure to consent to a search requested by an officer (clause 170(2)(a)), or withdrawing consent to a search before it is finished (clause 170(2)(b)); or c. failure to hand over any item detected during a search (clause 174(5)) or consent to surrendering...

8. Auckland Standards Committee 2 v Horsley [2018] NZLCDT 22 [pdf, 194 KB]

   ...there (sic) a potential conflict between VG’s interests and MS’s interests; and (b) If the risk of a conflict between the interests of VG and MS was negligible (or less than negligible), whether the Practitioner obtained VG’s prior informed consent (as defined in the Rules) to act for both her and MS in the transaction.” Risk of Conflict of Interest? [27] Counsel traversed the leading authorities on the issue of conflicts of duty. First, in Taylor v Schofield Peterson,2 in...

9. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...of this sort but particularly in this case where there are so many preliminary issues, it is essential at the outset to describe the nature and scope of the proceedings from the latest pleadings filed. These are the plaintiff’s second amended statement of claim (dated 18 April 2013) and the defendant’s statement of defence (dated 20 March 2013) to the plaintiff’s first amended statement of claim. [4] Mr Lewis was formerly the Chief Executive Officer (CEO) of the New Zealand b...

10. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

    ...although he too mentioned it to Mr UZ from time to time, no documentation was ever provided. He advises also that he has ascertained since that Mr UZ never sold [his business] and did not have an interest in [Business A]. This conflicts with the statement from Dr Bunbury that he was aware that Mr UZ had sold [his practice]. For the purposes of this decision it is not necessary to reconcile the conflicting evidence. [42] Mr UY acknowledges that he did not communicate directly with...