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1. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...that the Tribunal should not be drawn away from the material that was before the Committee unless the interests of justice require it.5 Submissions [16] Mr Beath’s application referred to the following: 4 See the Tribunal’s decision in Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 (affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which ref...

2. 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...

3. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 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...

4. 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...

5. 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...

6. [2024] NZEnvC 102 Royal Forest and Bird Protection Society of New Zealand Inc v West Coast Regional Council [pdf, 273 KB]

   ...[30] In reply submissions, F&B refers to additional cases where a party who had conducted litigation using an in-house lawyer, was able to recover costs; Henderson Borough Council v Auckland Regional Authority,21 Joint Action Funding Ltd v Eichelbaum,22 McGuire v Secretary for Justice,23 and Royal Forest & Bird Protection Society of New Zealand Inc v Northland Regional Council.24 [31] While none of these cases involve RMA proceedings, counsel submits that there is no princ...

7. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...re-hearing of the material that was before the Committee. That is, the Tribunal hears submissions by or on behalf of the parties and considers the evidence and other material that was provided to the Committee. [37] However, in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303) the Tribunal accepted that it may give a party to an appeal leave to submit evidence to the Tribunal that was not before the Committee, if the Tribunal considers that it is just to do so...

8. [2021] NZREADT 19 - Moseley v The Real Estate Agents Authority & Smith (29 April 2021) [pdf, 355 KB]

   ...of a re-hearing of the material that was before the Committee. That is, the Tribunal hears submissions by or on behalf of the parties, and considers the evidence and other material that was provided to the Committee. [59] In its decision in Eichelbaum v Real Estate Agents Authority (CAC 303), the Tribunal accepted that it may give a party to an appeal leave to submit evidence to the Tribunal that was not before the Committee, if the Tribunal considers that it is just to do so....

9. Naidu v Devi [2014] NZIACDT 83 (15 September 2014) [pdf, 203 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. Khan v Devi [2014] NZIACDT 84 (15 September 2014) [pdf, 203 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...