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1. Wouldes v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 36 [pdf, 111 KB]

   ...set out in paragraph [4][b][i]–[iii] of the Tribunal’s Minute (2), dated 18 April 2017, as follows: 1 Martin v The Real Estate Agents Authority (CAC 407) [2016] NZREADT 67, at [98]. 2 See Eichelbaum v The Real Estate Agents Authority [2016] NZREADT 3. [i] whether the Committee was correct to find that Mr Tremain did not fail to disclose information about defects in the complex; [ii] whether the Committee was correct to...

2. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...self-represented litigant is not entitled to recover costs other than disbursements.15 However, an exception lies where the litigant is a self-represented lawyer. While the Court of Appeal held to overturn the exception in Joint Action Funding v Eichelbaum,16 the Supreme Court in McGuire v Secretary for Justice more recently affirmed that a litigant in person who is also a lawyer can recover costs.17 Evaluation [18] Having reviewed the submissions of parties, I consider that an...

3. Dyall v CAC 403 & Lantz [2016] NZREADT 41 [pdf, 107 KB]

   ...9 See Sherburn v REAA [2012] NZREADT 33, at [16]; Fielding v NZREAA [2012] NZREADT 10, at [7]; referring to Kacem v Bashir [2011] 2 NZLR 1(SC) at [32]. 10 See Adams v REAA NZREADT 34, at [23]-[24]. 11 See Eichelbaum v REAA [2016] NZREADT 3, at[35]-[36]. [2016] NZREADT 41 - Dyall _____________________ Hon P J Andrews Chairperson _____________________ Mr G Denley Member _____________________ Ms C San

4. Wellington Standards Committee 1 v Mr V [2023] NZLCDT 6 (21 March 2023) [pdf, 144 KB]

   ...or conduct at the very serious end of the scale. [17] A useful summary of the authorities and principles on “misconduct” is contained in the decision of this Tribunal in O’Boyle:9 [82] … In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner's conduct has shown some degree of unfitness to practise.” [83] Considering the t...

5. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

6. Toiloloi v Letalu [2014] NZIACDT 93 (18 September 2014) [pdf, 193 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

7. Ikbarieh v Hammadieh [2014] NZIACDT 111 (13 October 2014) [pdf, 385 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind...

8. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

9. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

10. Best v CAC 406 & Ellis [2016] NZREADT 34 [pdf, 148 KB]

    ...He has challenged the finding of misconduct. 4 The role of the Tribunal on appeal [8] There have been numerous discussions about the proper role of the Tribunal on appeal. The most recent statement is the decision of the Tribunal in Eichelbaum [2016] NZREADT 3 in which the Tribunal held that when the Tribunal is considering an appeal from a decision of a Complaints Assessment Committee, the appellant should not have an opportunity to completely redo the case that was be...