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1. Iosefa v New Zealand Law Society [2024] NZLCDT 26 (28 August 2024) [pdf, 119 KB]

   ...profession. (c) The evaluation of whether an applicant meets the standard is a forward looking exercise. The Court must assess at the time of the application the risk of future misconduct or of harm to the profession. The evaluation is accordingly a protective one. Punishment for past conduct has no place. (d) The concept of a fit and proper person in s 55 involves consideration of whether the applicant is honest, trustworthy and a person of integrity. (e) When assessing past con...

2. [2025] NZEmpC 217 Fuimaono v Ritchies Murphy Transport Solutions Limited [pdf, 186 KB]

   ...order for security is just in all the circumstances. Balancing the interests and consideration of merits [15] The balancing of the interests of the parties is an overriding consideration. This involves balancing Ritchies’ interest to be protected from a barren costs order against Mr Fuimaono’s right to access justice. [16] Mr Fuimaono submits that a substantial order for security will prevent him from pursuing his challenge. The Courts recognise that an order having...

3. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...the Defendant Judgment: 25 May 2011 JUDGMENT OF JUDGE A D FORD The issue [1] The issue in this case is whether the plaintiff is entitled to be indemnified by her employer for legal expenses she incurred in successfully defending a careless driving charge arising out of an accident occurring in the course of her employment. The end result of the criminal proceeding was that the plaintiff was discharged without conviction. The facts [2] The facts can be briefly stat...

4. Cressida Claire Mayson Saywood v Complaints Assessment Committee 409, Benjamin Cartwright & Theresa O'Sullivan [2017] NZREADT 55 [pdf, 473 KB]

   ...Cartwright’s attempt to minimise the effect of the RealSure report (as noted above at [2]) allayed any concerns Ms Saywood may have had in respect of defects at the property. In this respect, the CAC found that Mr Cartwright did not exercise skill, care and competence and effectively misled Ms Saywood in breach of Rule 5.1 and Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). The CAC also noted that although Mr Cartwright advised...

5. LCRO 68/2019 NI v RC and OD (28 February 2020) [pdf, 175 KB]

   ...agreement with her employer, the [City] District Health Board ([CDHB]), which would enable the working relationship to be terminated on agreed grounds, rather than being effected by her resigning. The proposed terms were intended to be for the protection and benefit of both employer and employee. 2 [3] Miss NI initially instructed another lawyer to act for her in this regard but in February 2018 instructed Mr RC to continue to try and negotiate an agreement acceptable to her....

6. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...resulting in the amount claimed becoming $16,924.15. CI0301_CIV_DCDT_Order Page 2 of 8 [5] I have to decide: (a) if the provisions of section 31 of the Consumer Guarantees Act apply; (b) whether the works were carried out with reasonable care and skill and were fit for purpose; (c) if goods supplied were of an acceptable quality; (d) if XL was provided with an opportunity to remedy any failure and, if so, whether the failure was remedied; (e) if any of the works included i...

7. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...not offering the intuitive qualities of Apple iPads, and do not offer the ease of use that is so important for “users of a certain age”. I understand that there are some security limitations with these devices. Security stops at password protection (not encryption). Having said that, I have not yet investigated options, for instance I understand there is an App called iFortress. Meantime, I simply do not use the iPad to draft judgments (I don’t want to leave it on the plane c...

8. Vucich & Anor v CAC306 & Ors [2015] NZREADT 54 [pdf, 172 KB]

   ...6 quite some thought decided as we did. Accordingly, we did not accept the cross- appeal on penalty just as we had not accepted the case for the appellant vendors on penalty. We take the view that, in our penalty decision of 22 May 2015, we carefully covered all appropriate submissions and issues. We also recorded the salient parts of the Committee’s decision which is rather critical in its concerns about the conduct of the licensees. [18] Essentially, Mr Napier is putting it...

9. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...outcome of the proceedings presently in the High Court may be predictable. Concern also needs to be expressed about the position of a director continuing to trade a company when it is clearly insolvent.4 I note in that context that Mr McCormick carefully makes a distinction between cashflow and liquidity. Of course, the plaintiff has filed no evidence in opposition to the application for security for costs to verify the assertions made on its behalf. Also, very little, if any, e...

10. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

    ...available for repayment. [13] This Tribunal has also repeatedly found that where an agreement fails to properly establish the terms of a professional engagement, often the whole fee must be refunded. That is because the client has not had the protection extended by the client engagement rules in the Code of Conduct. [14] This Tribunal has also considered attempts to force a client to withdraw a complaint they have made to the Authority. It has found that when an adviser offers p...