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...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...
...investigation), Mr Feschiev pointed out what he said were untrue statements, and set out what he said was evidence of the untruthfulness. In large part, his responses referred to email communications. 3 See Eichelbaum v Real Estate Agents Authority [2016] NZREADT 3. [62] We do not consider that we would be assisted by hearing oral cross-examination. Accordingly, we decline leave for evidence to be given by Mr Zlatkov, and for c...
...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...
...exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. 5 [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 m...
...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...
...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...
...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...
...“consolidation” of the charges and appeal proceedings as a short form reference to the various forms of “consolidation” referred to in the High Court and District Court Rules, including hearing proceedings concurrently or sequentially. 5 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3. submitted that it is not yet known whether the appeal will proceed solely on the basis of the material before the Committee. [10] Finally, Ms Lim pointed at the d...
...prosecute all or part of the plaintiff’s proceeding to trial and judgment; or (b) the defendant fails to prosecute all or part of the defendant’s counterclaim to trial and judgment. [42] In Lovie v Medical Assurance Society New Zealand Ltd,10 Eichelbaum CJ, in dealing with the application of the rule, stated: ... the applicant must show that the plaintiff has been guilty of inordinate delay, that such delay is inexcusable, and that it has seriously prejudiced the defendant...
...letter as a whole. 52 51 Ibid. 52 This approach was adopted in Travel Agents Association of New Zealand Incorporated v NCR NZ Limited HC Wellington CP 1069-90, 27 March 1991 at page 10 where Eichelbaum CJ also assessed the letter in that case as a whole. 90 Taitokerau MB 91 [108] In Travel Agents Association of New Zealand Incorporated v NCR (NZ) Limited 53 Eichelbaum CJ found that while the modern test for estoppel fo...