Search Results

1. 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...

2. 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....

3. 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...

4. 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...

5. 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...

6. [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...

7. 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...

8. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [pdf, 112 KB]

   ...under s 242(g). Ms Pender argued such an order could have symbolic value, but we find that to be unnecessary. In this case there is no prospect of rehabilitation because Mr McDonnell will not practise law again. Thus, there is no future need to protect the public. Our condemnation can satisfactorily be reflected in the terms of this decision, and in censure, compensation and costs. [24] Mr Turkington sought an order for name suppression for Mr McDonnell under s 240 of the Act....

9. MC v IS [2025] NZDT 145 (24 March 2025) [pdf, 107 KB]

   ...the next issue is whether IS has committed a legal wrong (a tort) by having soil rather than a scoria pit against the garage wall. CI0301_CIV_DCDT_Order Page 3 of 5 Is there an actionable nuisance? 19. An action for private nuisance protects a person’s right to the use or enjoyment of an interest in land. The interference with use and enjoyment of land must be substantial and unreasonable. If the nuisance causes physical damage or loss of property, the Tribunal has jurisdic...

10. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

    ...in respect of their small farm property, and on which he was to embark on a wine growing enterprise. [5] The practitioner has acknowledged that in doing so he breached Rule 5.4.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which expressly prohibits a lawyer from acting for a client in any transaction in which the lawyer has an interest. That prohibition is eased if the matter is not contentious and also if the interests of the lawyer and clie...