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1. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...conveniently summarised by Judge Inglis in Liu v South Pacific Timber (1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse awa...

2. XH v BB LCRO 237 / 2012 (26 June 2013) [pdf, 114 KB]

   ...not a failure of due process. Duty of confidence 9 Application for review to LCRO dated 15 September 2012. 10 Above n 9. 11 Above n 9. 6 [26] Rule 8 the Rules of Conduct and Client Care states:12 a lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client’s business and affairs acquired in the course of the professional relationship. [27] The R...

3. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...gives rise to one of the main issues in this proceeding, namely the scope of repairs required to properly remediate the property. [3] Prior to hearing Auckland Council, the first respondent, accepted that it owed the claimants a duty of care which it breached when carrying out inspections and issuing the code compliance certificate. The Council accepts responsibility for three primary defects which it agrees have necessitated a full reclad. However the Council disputes the...

4. MA v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 117 (17 July 2024) [pdf, 193 KB]

   ...Occupational Physician, having interviewed the appellant by telephone and reviewed the relevant documentation, provided an assessment report on the appellant, as follows: 3 Activities of Daily Living He confirmed he is independent in basic self care activities within the home environment. He reports he feels anxious when he goes out of the house. He can do some gardening and describes pottering in the home. He does some housework tasks. He said he is less motivated to cook an...

5. Baker v The Real Estate Agents Authority (CAC 413) and Yu [2018] NZREADT 73 [pdf, 248 KB]

   ...and Ms Zhao’s supervisor, and Mr Endong (Anton) Huang, a licensed salesperson at the Agency, and listing agent for the property. Substantive decision [5] As relevant to this appeal, the Committee found that Ms Zhao failed to exercise skill, care, competence, and diligence by failing to search and understand the title to the property, and misleading Ms Yu by representing that the property could be subdivided. The Committee found that Ms Zhao had breached rr 5.1, 6.2, 6.3, a...

6. Edwards v Capital and Coast DHB (Litigation guardian) [2016] NZHRRT 16 [pdf, 67 KB]

   ...proceedings: 7. It is counsel’s submission that in this context a mother/son relationship, and particularly where the events at the heart of the proceeding involve a notification and supply of information to a statutory agency that deals with potential care and protection concerns of young people, that this situation raises the issue of coercion, potentially even innocently so without any intention by either plaintiff. 8. As the first plaintiff sets out, there is nothing unusual or pr...

7. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

   ...accepted that he had paid Mr KJ a referral fee and that in doing so, he had breached r 5.9. Concession was also made by Mr PR to having breached reg 6 of the Trust Account regulations. 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 3 [11] Mr PR denied that he had permitted Mr KJ to use his firms trust account. [12] The Standards Committee delivered its decision on 16 December 2020. [13] The Committee concluded that there was insuf...

8. Real Estate Agents Authority (CAC 302) v Kahukura [2016] NZREADT 70 [pdf, 167 KB]

   ...circumstances, she was required to make it absolutely clear that she was acting on her own behalf, not on behalf of the Agency. This was particularly important because, if she was not acting as a licensed salesperson, the Frasers would not be protected by a licensee’s duties and obligations under the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [22] Having considered the evidence, and counsels’ submissions, we find that Ms Kahukura did n...

9. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...2017 and November 2017 in breach of reg 17 of the Regulations; (g) failure to return credit balances to clients at the conclusion of a matter in a timely manner in breach of r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); (h) failure to administer a controlled bank account for Ms F in accordance with s 111(1) of the Act and/or reg 11 of the Regulations; (i) charge of an office service fee for faxes, photocopies and sundries on 15...

10. Hikaka v The Real Estate Agents Authority (CAC 416) & M Lovell, S Lovell, O'Shea and Lovell Real Estate Limited [2018] NZREADT 72 [pdf, 197 KB]

    ...made by the Real Estate Institute of New Zealand Inc (“the REINZ Rules”). These included a Code of Ethics (Part 13). The REINZ Rules remained in effect until 17 November 2009, when the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (“the 2009 Rules”) came into effect. The 2009 Rules remained in effect until 8 April 2013, when the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the 2012 Rules”) came into effect...