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...correspondence, Mr LO has raised issues about Mr TA’s representation of his late mother; his administration of his late father’s estate; his administration of his parents’ family trust and the lack of any advice about (for example) the Family Protection Act 1955. [42] I put all of that material to one side. It did not form part of Mr LO’s complaint against Mr TA in relation to the appeal issue. 6 This Office wrote to the part...
...circumstances. 3 Auckland Council v Sharma [2024] NZEnvC 137. 4 Rowell v Wairoa Quarries Ltd and Tasman District Council HC Nelson M14/96, 7 September 1996 at 5. 5 Wellington City Council v MacKenzie W15/2001 at [5]-[6]. 6 Tauranga Environmental Protection Society Inc v Tauranga City Council [2022] NZEnvC 122. 4 [8] Clause 10.7(j) of the Practice Note lists six potential aggravating factors to be considered where a higher than standard award of costs is being sought:7 i. wheth...
...the ground that it was inconsequential. [2] The complaint is against LI and KT (the licensees). The licensees work for QC Ltd in [City]. It is alleged by TX that the licensees breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). BACKGROUND [3] Between September 2018 and March 2022, TX leased commercial premises in [City] (the premises) where she ran a small business. LI managed the premises on behalf of the landlord. [4] On 3 Apri...
...which he did.7 Application for review [19] Mrs VS filed an application for review on 31 July 2014. She is concerned that beneficiaries who find themselves in circumstances similar to those experienced by Mr K, Mr M and Mrs EL are not legally protected, and could be “excluded from their legal inheritance”. [20] She considers that the way Mr DH administered Mrs TS’ estate led to the family dispute over occupancy of the [Town] land, which resulted in Mr K, Mr M and Mrs EL...
...invariably, no matter how strong the mitigation advanced for the solicitor, ordered that he be struck off the Roll of Solicitors. [27] We remind ourselves of the Tribunal’s duty to have regard to the purposes of the legislation, including the protection of the public and the maintenance of public confidence in the provision of legal services. [28] One of the core obligations of a lawyer is to safely and honestly hold and manage, through the trust account, any funds on behalf of his...
...5.45(2). [26] The Labour Inspector also submitted that the plaintiff has increased costs by taking an unnecessarily complex approach to this challenge. As noted by the Court of Appeal in McLachlan v MEL Network Ltd, defendants “must be protected against being drawn into unjustified litigation, particularly where it is over-complicated and unnecessarily protracted.”11 However, in light of the Labour Inspector’s strike-out applications which were dealt with above, I...
...the question, is nevertheless a relevant factor. • Common intention as to the nature of the relationship, if ascertainable, is a relevant factor. • Taxation arrangements, both generally and in particular, are a relevant consideration but care must be taken to consider whether these may be a consequence of the contractual labelling of a person as an independent contractor. Factual background [4] The plaintiff operates at Devonport the New Zealand Defence Force...
...Agreement, we have not found any suggestion of wrongdoing. To the contrary, there is considerable detail of a difficult, protracted purchase.” [48] We can understand those views of Mr Findlay. [49] Ms Pender submits that equity has always offered protection to a party who performs obligations in good faith, believing that an agreement exists and that, under s.126 of the Act, recovery of a commission is not always dependent on an agency agreement. She puts it that, under the circums...
...Mr ON over that of Mr B. Mr B appeared to attempt to represent D Ltd. For example, he wrote that “whenever someone is purchasing a second-hand vehicle, they are themselves taking on/accepting the risk of component failures and the only way to protect yourself from this would be to purchase a full mechanical warranty from an automotive warranty supplier”. 35. Further, I did not find it credible that because some of the sensors were “not alive” that the scanner incorrectly re...
...1 Complaint C16155, re John Lantz and Stephanie Kelland: Decision to take no further action, 18 May 2017. 2 Decision, at paragraph 3.4. 3 At paragraph 3.5. 4 At paragraph 3.7. 5 At paragraph 3.8. Care) Rules 2012 (“the Rules”) in Mr Lantz’s discussions with prospective purchasers as to the likely value or likely selling range of the property.6 [f] Mr Lantz was not marketing the eventual purchaser’s property at the time he was m