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  1. [2024] NZREADT 18 - HH v CAC 2201 & SL (19 June 2024) [pdf, 236 KB]

    ...application from the first respondent (17 May 2024) and the second respondent (29 April 2024). 5 Dragicevich v Martinovich [1969] NZLR 306 (CA) at 308–309; and Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]–[60]. 6 Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 at [49] and [51]. 7 DISCUSSION [30] Prior to examining the new evidence sought to be adduced, it is useful to record the issues advanced by the purchaser o...

  2. [2014] NZEmpC 231 Premier Events Group Ltd and Anor v Beattie and Ors [pdf, 685 KB]

    ...written memoranda filed on 17 May and 1 June 2012 (Heard at Auckland) Appearances: AJ Lloyd and V Hodgson, counsel for Premier Events Group Limited D Neutze and N Lord, counsel for BA Partners Limited (in liquidation and receivership) J Eichelbaum, counsel for Malcolm James Beattie, Anthony Joseph Regan and Patricia Panapa Judgment: 17 December 2014 JUDGMENT OF CHIEF JUDGE G L COLGAN A Premier Events Group Limited’s claims against Malcolm Beatt...

  3. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 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: 8 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...

  4. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 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...

  5. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 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: 8 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...

  6. Moctezuma v Chase-Seymour [2013] NZIACDT 40 (26 June 2013) [pdf, 152 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. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 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: 8 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...

  8. [2019] NZREADT 42 - He v CAC 403 (9 October 2019) [pdf, 439 KB]

    ...credible; and (d) Whether admitting the evidence would require further evidence from other parties and cross-examination. 1 See for example Telecom Corp of NZ Ltd v CC [1991] 2 NZLR 557. 2 See Eichelbaum v Real Estate Agents Authority [2016] NZREADT 3 at [49], citing Dragicevich v Martinovich [1969] NZLR 306 (CA). [9] The Authority notes the High Court’s view in Comalco NZ Ltd v TVNZ Ltd:3 It is also important the evidenc...

  9. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [pdf, 191 KB]

    ...refers to conduct “that occurs at a time when the lawyer is providing regulated services” it does not require there to be a subsisting lawyer/client relationship with a particular client.” 8A (Eichelbaum) v Canterbury Westland Standards Committee No. 2 of the New Zealand Law Society [2015] NZHC 1896, 12 August 2015, Venning J. 9 Deliu v National Standards Committee and Standards Committee No. 1 of the New Zealand Law Society [2017] NZH...

  10. [2017] NZEmpC 94 Crimson Consulting Ltd v Berry [pdf, 268 KB]

    ...which it may be inferred that the Court of Appeal did not consider there was a material divergence of views. [85] There was one other post Erceg judgment of the Court of Appeal to which reference should be made. In Joint Action Funding Ltd v Eichelbaum, the Court when fixing a timetable as to whether a suppression order should be made, directed the parties to explain “… why a suppression order is warranted in light of the 43...