Search Results

1. LCRO 196/2016 GY v SO (15 September 2017) [pdf, 194 KB]

   ...scope of review [24] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:22 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

2. UW v EP LCRO 146/2011 (31 March 2015) [pdf, 77 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [16] In Deliu v Hong it was noted that a review is:1 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

3. WC VB UA v WC VB UA LCRO 189/2012, 184/2014, 180/2012 & 190/2012 (10 September 2015) [pdf, 83 KB]

   ...of herself and Mr and Mrs VB, seeking compensation from Mr WC in respect of the loss they had suffered “as a result of [Mr WC] breaching [his] duty of care owed to each of [them]”. In the letter Ms UA referred in some detail to the Court of Appeal judgment in Gartside v Sheffield, Young and Ellis.2 1 WC submissions to LCRO (24 August 2015) at [6]. On the basis of this judgment, Ms VB and Ms UA alleged that Mr WC owed them a duty...

4. AT v ZH & Ors LCRO 127/2013 (26 March 2014) [pdf, 123 KB]

   ...complaints (the first decision). [7] No review was sought of the first decision, and [Firm A] obtained judgment against Mr AT by default [date] in the District Court proceeding. Mr AT then successfully applied to set that judgment aside, and [Firm A] appealed that decision to the High Court. [8] The High Court dismissed the appeal in its judgment [date], said that the issue of quantum of the fees had not been determined, and left it open to [Firm A] to consider what recovery st...

5. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   ...the Respondent and resolved pursuant to s138(2) of the Lawyers and Conveyancers Act 2006 to take no further action on the complaint. Application for review [21] In his letter accompanying the application for review, the Applicant sought an “appeal” of the Standards Committee decision. [22] He identified in a somewhat more definitive manner the nature of his complaint. 1. That the Respondent acted for the Applicant and Ms YL in a transaction where the Respondent was also ac...

6. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...holds that the training fees were not a premium for employment, it can refer the matter back to the Disputes Tribunal and continue its claim against Mr Holman for the balance of the fees owing. Obviously, the timing of that would be subject to any appeal rights which the parties may have in respect of this Court’s judgment. Legal principles applying [18] Both counsel have referred in their submissions to the fact that there is not a great deal of legal authority in respect of w...

7. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 106/2014 TY v DH [pdf, 177 KB]

   ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. CAC 409 v Wong [2018] NZREADT 8 [pdf, 220 KB]

    ...by way of example, defalcation of client’s money would be a failure to exercise management responsibility over the agent. [39] Mr Mortimer submitted that the principle of management responsibility is supported by the judgment of the Court of Appeal in Barfoot & Thompson v Real Estate Agents Authority3 (concerning an agency’s policy as to managing agents’ and salespersons’ conflicts of interest). He also referred to the decision of the Tribunal in...