Search Results

1. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

   ...The Court of Appeal, in the case referred to by Mr Thompson, A S McLauchlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747, stated that the discretion is not to be fettered by constructing “principles” from previously decide cases. The Court must carefully assess the circumstances of a particular case, noting that where a plaintiff is unable to meet an adverse order for substantial security this may in effect prevent the plaintiff from pursuing the claim. The Court of Appeal stated:...

2. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...agreements with Mrs ML”. [16] In arriving at its decision that [Law Firm A]’s three invoices, both individually and collectively, were fair and reasonable the Committee referred to r 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), and the requirement in that rule to take into account the fee factors set out in r 9.1. The Committee noted those of the fee factors which it considered relevant to each matter.2 Application for review...

3. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [pdf, 152 KB]

   ...[13.5] I also take account of the obligation to retrain before re-entering the profession. 6 [14] In all, the penalty will be reduced to $4,500. Compensation and the refund of fees [15] When dealing with compensation this Authority is careful to ensure there is a direct nexus between a lapse in professional standards and a loss claimed by the complainant or other party. It is also conscious that the jurisdiction is concurrent with others where recovery may be pursued,...

4. Poole v Yorkshire LCRO 133 / 2009 (11 November 2009) [pdf, 71 KB]

   ...arguments that the decision to prosecute is ill founded can of course be properly raised before the Tribunal itself. These considerations might properly be considered under the general rubric of the purpose of the Lawyers and Conveyancers Act to protect the consumers of legal services and conveyancing services by providing a more responsive regulatory regime (s 3). I also observe that s120 of the Act sets out the purpose of Part 7 of the Act which is titled “Complaints and Discipl...

5. Nabi & Fang v Real Estate Agents Authority (CAC 403) & Ors [2016] NZREADT 80 [pdf, 137 KB]

   ...Purchasers often incur these costs to prevent themselves from having to incur greater costs later if the property is found to be defective. [23] The emphasis on penalty decisions in a disciplinary context, is to maintain public standards, and to protect the public against agents and sometimes a penalty also imposes an element of punishment such as a fine. It is the actions of the agent which are the appropriate focus for the CAC. They must determine what penalty best fits the crit...

6. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...Conveyancers Act 2006 (the Act), that no further action on the complaints was necessary or appropriate. [23] In reaching that decision the Committee concluded that: (a) Ms WG’s duties in acting in the administration of the estate were to protect and promote the interests of the executor, Mr HY;1 (b) Ms WG’s obligations to Mrs XM as a third party were modest;2 (c) Ms WG was not required to act on directions from Mrs XM as a beneficiary;3 and (d) Mr HY as executor was not pr...

7. Zhai v The Real Estate Agents Authority [2018] NZREADT 33 [pdf, 178 KB]

   ...2017. I have had scheduled to re-attend the missed class towards the end of 2017, however my parents in China at that time were both diagnosed with severe illness that required immediate medical attention as well as people around to take care of them. As the only child of the family I had to return to China as such notice, together with my wife and my three children. I had to stay in China for the duration of their medical procedures, operation, and recovery till March. I ap...

8. [2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd [pdf, 351 KB]

   ...2014 the defendant subjected Mr Kocatürk to degrading and unlawful work conditions and pay. (emphasis original) 4 Attorney-General v McVeagh [1995] 1 NZLR 558 (CA) at 566; confirmed in Pharmacy Care Systems Ltd v Attorney-General (2001) 15 PRNZ 465 (CA) at [19]. [15] The pleading as it relates to Mrs Kocatürk was: 73. The defendant subjected Mrs Kocatürk to degrading and unlawful work conditions and pay. [16] There is...

9. Lairg v Canterbury LCRO 219 / 2009 (24 April 2010) [pdf, 81 KB]

   ...makes it improper for the Practitioner or anyone in his firm to act for the ex wife. [13] A lawyer does have an ongoing professional obligation to keep confidential all information gathered from a client, and Rule 8.7 of the Conduct and Client Care Rules 4 makes provision for a lawyer’s obligations towards a client, whether a current or former client. The rule is significantly concerned with information that is held by the Practitioner and aims to ensure that there is n...

10. [2016] NZEmpC 65 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 418 KB]

    ...those products or services, vest in and belong to the Employer, and to the extent that they may for any reason vest in the Employee are assigned by the Employee to vest in the Employer or its nominee. … [31] Reliance was also placed on a Protection of Goodwill provision, which confirmed that there was a restraint of trade provision in respect of the manufacturing and retail distribution of drinking chocolate powder: 12. PROTECTION OF GOODWILL 12.1 Restraint (a) Subject t...