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1. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

   ...exercised significantly poor judgment when assessing the required intensity of supervision required to ensure that Ms Johnston’s work was competent and compliant with the Act. [13] He submitted that the obligation under s 50 is a vehicle for consumer protection, by providing a safeguard in the form of experienced licensed agents in place to appropriately manage and supervise salespeople. He submitted that a failure to meet supervision obligations cuts across the consumer-protecti...

2. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...as to preserve your rights to a challenge if warranted. [17] At 3:13 pm on 1 March, Ms YA sent the below email to Ms JV: In addition to my earlier email I am advised that any beneficiary has up to 12 months to challenge a Will under the Family Protection Act. Probate was only granted in September 2018 so the 12 months has not expired. I request and direct that the estate not be distributed before this period of time in accordance with the term under the Act and I wish my legal righ...

3. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [pdf, 223 KB]

   ...(Lawyers: Conduct and Client Care) Rules 2008; 2. was not instructed to act for him personally or as a Trustee; 3. gave false sworn evidence of meetings with him that did not occur; and 4. in purportedly acting for the Trust, failed to: (i) protect the interests of the Trust by checking the Trust deed to ensure the Trustees complied with it; (ii) report to Mr LP on the progress of the litigation; and (iii) advise the Trustees on their options, in particular that they could min...

4. LCRO 160/2017 EH v FP (23 April 2018) [pdf, 192 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [32] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

5. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

   ...[32] Under the heading “CAP Panel Comment”, was this: A traction event to the nerve can occur when the nerve is forcefully stretched by a significant unanticipated force. The median nerve at the wrist and the ulnar nerve at the elbow are both protected and supported by their respective joints and soft tissue. As these joints move, so the nerves also have the capacity to move as part of their normal function. Therefore, even with milder traction forces, symptoms of irritation...

6. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-000032 [2010] NZWHT AUCKLAND 22 BETWEEN BODY CORPORATE 199883 & OTHERS (RIDGEVIEW APARTMENTS) Claimants AND PETER LAURENCE CLARKE (Being the only remaining respondent) Fourth Respondent Hearing: 17 and 21 June 2010 Appearances: Mr C Leishman for the Claimants Fourth Respondent, Mr Peter Clarke, in person Decision: 25 August 2010 FINAL DETERMINATION Adjudicator: P J Andrew Page | 2 CONTE

7. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [pdf, 288 KB]

   ...dishonest or misleading conduct. 7 Furthermore, she was entitled to rely on the entry in the immigration consultancy’s client records relating to the visa expiry date. Her failure to double-check the date did not amount to a lack of due care. [38] Counsel advised that Ms Marica accepted there were delays in filing the s 61 request. These were largely out of her control, as explained in her affirmation. It was acknowledged that Ms Marica had failed to obtain the complain...

8. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...lawyer to represent Mr Te Wini in proceedings brought by the Department of Child, Youth and Family Services (CYFS) under the Children, Young Persons, and Their Families Act 1989. The Department sought a declaration that Mr Te Wini was in need of care or protection, a psychological assessment and an interim support order. Mr Te Wini was then ten years of age (his date of birth is 15 March 1993) and living in the day to day care of his father, Mr Kevin McQuoid. [2] At the time Mr McQuoi...

9. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...developed these assertions with reference to previous decisions of this Court, particularly those which emphasise it is not desirable to define disparity exhaustively, because whether any asserted disparity could impugn a dismissal would involve a careful analysis of all relevant facts and circumstances. Strike-out principles [19] The following strike-out principles can be taken from the Court of Appeal’s judgment in Attorney-General v Prince: 5 (a) Pleaded facts, whether...

10. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

    ...retainer, as it develops.14 In my view, this must include information about how fees are tracking, particularly when they are being charged on the basis of time with no initial range having been indicated. [100] This view is reinforced by the consumer protection focus of the Act, predicated on the basis that there is a knowledge imbalance between lawyer and client, which a lawyer has a duty to ameliorate to the fullest extent possible.15 [101] Monthly or event billing by a lawyer t...