Review / Committee found unsatisfactory conduct / estate administration / complaint lawyer deducted fees from trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / whether authority to deduct fees had been revoked / delay in issuing invoice / HELD / authority to deduct fees had not been revoked / delay in issuing invoice unsatisfactory / Committee’s decision modified / section 211(1)(a)
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Search results for costs.
2940 items matching your search terms
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LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [PDF, 192 KB] -
LCRO 253/2015 SL v NA (28 June 2019) [PDF, 249 KB] Review / Committee found unsatisfactory conduct / complainant liable for barrister’s fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.7 / whether there was a fixed fee agreement / HELD / no evidence of a fixed fee agreement / Committee’s decision confirmed / section 211(1)(a)
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LCRO 228/2016 SP v QH (27 June 2019) [PDF, 324 KB] Review / Committee found unsatisfactory conduct / preparation of will / lawyer failed to release client’s files to new lawyers in reasonable time / failed to render bill in reasonable time / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.4.1 / rule 9.6 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / whether delay in releasing files unreasonable / whether fees charged for work not done / HELD / delay of over a month unreasonable / fees charged for copying files unreasonable / unsatisfactory conduct / lawyer failed to act promptly on instructions / Committee’s decision confirmed / section 211(1)(a)
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LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [PDF, 314 KB] Complaint / Committee declined to take further action on complaint / arbitration clause dispute / complaint lawyer failed to act competently / fee complaint / Arbitration Act 1996, section 11 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / whether lawyer’s fees for copying files were unreasonable / HELD / lawyer acted competently / fees charged for copying files unreasonable / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)
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LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [PDF, 223 KB] Review / Committee found unsatisfactory conduct / relationship property proceedings / lawyer’s client was trust / failure to provide terms of engagement to all trustees / failure to report to all trustees / lawyer seeks review of orders / reverse brief / whether lawyer acting for applicant / whether applicant liable for fees / HELD / complainant was trustee / Office has no jurisdiction on questions of liability for fees / no evidence to support lawyer’s arguments on review / Committee’s decision confirmed / section 211(1)(a)
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LCRO 209/2018 LY v RT (26 June 2019) [PDF, 135 KB] Complaint / Committee declined to take further action on complaint / advice about employment contract / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committee) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / fees less than $2,000 / HELD / no jurisdiction to consider fees less than $2,000 / Committee’s decision confirmed / section 211(1)(a)
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LCRO 246/2016 AS v NL (25 June 2019) [PDF, 170 KB] Review / Committee found unsatisfactory conduct / protection order and relationship property proceedings / lawyer seeks review of orders / barrister sole / did not have instructing solicitor / failed to provide required information prior to commencing retainer / failed to act in a timely and competent manner / did not issue invoices / breached trust account rules / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 10 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.4A / rule 9.4 / rule 9.6 / rule 14.2(e) / rule 14.4 / whether fees fair and reasonable / HELD / lawyer charged fees for work not completed / lawyer ordered to refund fees / Committee’s decision otherwise confirmed / section 211(1)(a)
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Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [PDF, 147 KB] Appeal against registrar’s decision not to pursue complaint / application for entrepreneur work visa / appellant paid adviser to assist cousin with application / business plan not completed / refusal to refund fees / fabrication of emails and service agreement / registrar found business plan not provided because cousin did not respond to requests for further information / adviser found to have undertaken a reasonable amount of work / no evidence of fabrication / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442, s451, s54 / no evidence of impropriety by adviser / adviser understood on reasonable grounds that cousin was his client / cousin made no complaint against adviser / evidence did not disclose any wrongdoing / appeal rejected.
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LCRO 272/2016 XK v JB (24 June 2019) [PDF, 346 KB] Complaint / Committee declined to take further action on complaint / estate administration / instructions for new will / will-maker died before instructions carried out / lawyer failed to send invoice / did not act in a competent and timely manner / failure to file estate tax returns / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / administration of mortgage / HELD / lawyer acting for estate / lawyer administered mortgage correctly / lawyer should refund costs due to failure to file tax returns / Committee’s decision otherwise confirmed / section 211(1)(a)
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LX v HO Limited [2019] NZDT 1428 (19 June 2019) [PDF, 113 KB] Contract / Land Use Agreement / Fee dispute / Respondent used transmitting equipment installed on land owned by Applicant / Parties entered into land use agreement in 2018 that provided Applicant payment for installation / Dispute over sum owed to Applicant / Respondent stopped using site / Applicant claims for usage of land dating back to 2010 / Respondent disputes sum owed on basis it should only pay for 2017 and 2018 / Held: Respondent owes Applicant $1368.50 under the agreement for 2017 and 2018 / Fee amount based on email offer from company / Held: agreement applies to years 2010-2016 / Agreement states it applies from 2010 onwards / Price to be applied for 2010-2016 is $476.00 based on one user fee over seven years / Claim allowed / Respondent to pay 1844.50 to Applicant
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[2019] NZSSAA 37 (17 June 2019) [PDF, 158 KB] Decision on costs against a successful appeal of a Benefits Review Committee decision. Granting of an Emergency Benefit. Application for costs. Outcome: costs awarded.
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[2019] NZEmpC 73 Kazemi v Rightway Ltd [PDF, 446 KB] [2019] NZEmpC 73 Kazemi v Rightway Ltd (Reissued Judgment of Judge J C Holden, 11 June 2019) EMPLOYMENT PREMIUM – employee needed to pay $125,000 as buy-in fee to partnership scheme – test for whether a premium applied – whether benefit gained aside from employment – misrepresentation – breach of contract – whether contract is illegal – penalty imposed – costs.
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CAC 403 v Optimize Realty Limited [2019] NZREADT 23 (6 June 2019) [PDF, 237 KB] Charges laid under section 91 of the Real Estate Agents Act 2008. Unsatisfactory conduct proved under s 72(b). Licencee fined $7,500.
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[2019] NZEmpC 69 Goleman Wellington Cleaning Ltd v Nicolle [PDF, 310 KB] [2019] NZEmpC 69 Goleman Wellington Cleaning Ltd v Nicolle (Judgment of Judge K G Smith, 4 June 2019) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – APPLICATION TO VARY A STAY – company failed to challenge costs determination in time – whether extension is in the interests of justice.
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LCRO 160/2016 ET v NE (23 May 2019) [PDF, 203 KB] Complaint / Committee declined to take further action on complaint / criminal conviction appeal / respondent is a barrister sole / payment of retainer / complaint respondent had failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 9 / rule 9.1 / rule 9.4 / rule 14.4 / whether lawyer provided fees estimate / intervention rule / duty to keep instructing lawyer informed of progress / HELD / no fee estimate provided / fees fair and reasonable / respondent’s advice competent / no evidence to support other complaints / Committee’s decision confirmed / section 211(1)(a)
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CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [PDF, 219 KB] Charges laid under section 91 of the Real Estate Agents Act 2008. Unsatisfactory conduct proved under section 72 of the Act. Licencee censured and fined $3,500.
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LCRO 68/2016 ZA v YB (23 May 2019) [PDF, 202 KB] Complaint / Committee declined to take further action on complaint / preparation of will / administration of estate / complaint lawyer failed to act competently / provide information on services / treat applicant with respect and courtesy / keep applicant informed / fee complaint / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, regulation 29 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 7 / fees issued two years prior to complaint / HELD / Committee directed to reconsider competence and fee complaints / section 209(1)(a) / lawyer did not keep client’s informed / unsatisfactory conduct / no evidence to support other complaints / Committee’s decision modified / section 211(1)(a)
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[2019] NZEmpC 61 Reborn Holdings Ltd v Sharan [PDF, 242 KB] [2019] NZEmpC 61 Reborn Holdings Ltd v Sharan (Costs Judgment of Judge B A Corkill, 20 May 2019) COSTS – proceedings were discontinued – plaintiff in the process of liquidation – plaintiff used legal aid.
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LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [PDF, 160 KB] Review / Committee found unsatisfactory conduct / own motion investigation / management of trust account / providing false certificates to Law Society / misleading and deceptive conduct / failure to disclose how fees charged / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2.5 / rule 3.4 / rule 11.1 / Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 6(3) / regulation 11(2) / regulation 11(3) / regulation 11(4) / regulation 16(4) / regulation 17(1) / whether Committee should make adverse comments about consultant / HELD / comments about consultant unwarranted / Committee’s decision modified / breach of trust account regulations unacceptable / lawyer failed to disclose how fees were charged / Committee’s decision otherwise confirmed / section 211(1)(a)
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[2019] NZEmpC 58 New Zealand Tramways and Public Passenger Transport Employees’ Union v Cityline (NZ) Ltd [PDF, 226 KB] [2019] NZEmpC 58 New Zealand Tramways and Public Passenger Transport Employees’ Union v Cityline (NZ) Ltd (Costs Judgment of Judge J C Holden, 15 May 2019) COSTS – costs guideline scale – whether a test case.
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[2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys [PDF, 235 KB] [2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys (Costs Judgment of Judge J C Holden, 15 May 2019) COSTS – costs guideline scale – whether relevant that counsel not a solicitor.
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[2019] NZEmpC 59 Kazemi v Rightway Ltd [PDF, 446 KB] [2019] NZEmpC 59 Kazemi v Rightway Ltd (Judgment of Judge J C Holden, 15 May 2019) Judgment reissued with new judgment number [2019] NZEmpC 73 and dated 11 June 2019 EMPLOYMENT PREMIUM – employee needed to pay $125,000 as buy-in fee to partnership scheme – test for whether a premium applied – whether benefit gained aside from employment – misrepresentation – breach of contract – whether contract is illegal – penalty imposed – costs.
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CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [PDF, 332 KB] Charges laid under s91 of the Real Estate Agents Act 2008.Licencee guilty of misconduct under s73a and s74ciii of the Act and guilty of unsatisfactory conduct under s72 of the Act
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[2019] NZEmpC 52 Derbie v Tranzurban Hutt Valley Ltd [PDF, 224 KB] [2019] NZEmpC 52 Derbie v Tranzurban Hutt Valley Ltd (Costs Judgment of Chief Judge B A Corkill, 7 May 2019) COSTS – CONSENT.
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INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [PDF, 252 KB] Rubber stamping / six heads of complaint relating to 12 clients / Immigration adviser’s business practice contrary to professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / s7 and s5 of the Act / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e & cl19f and cl26b / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / lack of professionalism and due care / failure to engage with clients / unlicensed staff providing immigration advice, not just clerical work / significant matters in agreement not discussed with clients / full description of services and fees not specified in agreement / failure to provide ongoing timely updates to clients on immigration applications / complaint upheld.