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Search results for Plea.

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  1. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

    ...their business premises. Did Mr O assume the risk in leaving his vehicle? 22. Mr X argued that Mr O assumed the risk to his own vehicle in deciding to leave it in the shared parking lot, pointing to U Ltd’s reception sign to this effect. 23. A plea of volenti non fit injuria (no harm is done to one who consents) can succeed if the defendant can establish that the plaintiff freely and voluntarily agreed to take upon himself the risk of the harm which in fact eventuated, being fully...

  2. Complaints Assessment Committee 412 v Singh [2019] NZREADT 004 [pdf, 187 KB]

    ...letter of apology to the vendors); [f] Mr Singh’s offending occurred when he had been a licensed salesperson for just over one year, he had an otherwise unblemished record, he had co- operated with the investigation and entered an early guilty plea, and he had received in-house training on disclosure requirements. [26] Mr Barrowclough submitted that the appropriate penalty would be an order for censure, a fine of $6,000, and an order to complete further training. Discussio...

  3. Auckland Standards Committee v Holmes [2011] NZLCDT 31 [pdf, 94 KB]

    ...balances, he was entitled to take fees for costs on the timesheet which 5 had not previously been billed, or having been previously written down, in order to recover the cost of the time expended. Mr Collins for the NZLS submitted that this plea “aggravates rather than mitigates his position”. [12] Mr Pidgeon QC, for the practitioner, suggested that a practitioner might be forgiven for thinking that the cost of locating the clients and returning the money or paying to...

  4. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

    ...licensee to be a present licensee for the purposes of our sentencing for proof of misconduct”. Outcome [23] We agree with Mr Hodge’s said submissions on behalf of the prosecution. We take into account the defendant’s remorse and early plea of guilty and his apparent good intentions of rehabilitation. However, he must be firmly penalised, although a fine and costs orders seem futile due to the defendant being bankrupt. [24] In all the circumstances, we order cancellation o...

  5. G Eckhoff - SoE - 21 April 2021.pdf [pdf, 396 KB]

    ...failure to genuinely consult with water users over PC7 ThP. fan 7 t.on~ult~tion where riw· ~peaking time on the<;e important m,~tler:; before th~ u1urt •· - ·• ····---wa<:- halved from r3 merf' 10 minutes to S mi1nites Allow me please to quote a sentence from the former chair of the 0RC Marian Hobbs to me Quote "You will have a chance to put in a submission once the plan has been notified, and we will adhere to the times advised t o you ... ... . The plan wil...

  6. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

    ...friend and patting her on the bottom. The applicant apologised the moment he realised his mistake of the victim’s identity. He was told at sentencing by the Judge that the offending was at the very low end of severity and that led him to change is plea to guilty. [28] The 1985 conviction for sexual intercourse with a girl aged 15 seemed to come about through that girl being employed as a stripper by an acquaintance of the applicant who was then age 33. The victim had “proved€...

  7. Otago Standards Committee v Mawhinney [2012] NZLCDT 19 [pdf, 123 KB]

    ...That sub-section provides that a lawyer is guilty of misconduct if his conduct at a time when he is providing regulated services is conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable. [2] A plea of guilty was made, and the matter was set down for a penalty hearing on 5 July 2012. At the conclusion of the hearing the Tribunal reserved its decision. It did this partly because Mr Mawhinney was not present at the hearing, and as...

  8. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

    ...papers. In October 2010, the defendant, Ms Alice Cawthorne, was employed by the plaintiff, Allwaze, as a salesperson. She reported to Ms Diana Mill who was the owner of the business. The precise nature of the business is not explained in the pleadings. The Authority's determination records that issues emerged between Ms Cawthorne and Ms Mill about Ms Cawthorne's use of sick leave on two days; her alleged abusive behaviour and the use of profanities in the workplace dir...

  9. Auckland Standards Committee 5 v Yoo [2016] NZLCDT 35 [pdf, 100 KB]

    ...C Paterson for the Standards Committee Mr H Laubscher for the Practitioner 2 ORAL DECISION ON PENALTY [1] The Tribunal has been considering appropriate penalty and consequential orders following from Mr Yoo’s guilty plea to a charge, which has been amended by the Standards Committee to one of negligence. The charge will be appended to this decision as Appendix 1. [2] It relates to the manner in which Mr Yoo has managed his trust account and there are...