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  2. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [PDF, 322 KB]

    [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc (Interlocutory Judgment (No 3) of Judge B A Corkill, 6 September 2018) APPLICATION TO APPEAR AND BE HEARD AS INTERVENER -  Meat Industry Assoc of NZ  - opposed by defendant – test whether applicant “justly entitled to be heard” – principles considered – construction of s 69ZD unresolved – intervener submissions confined to the statutory interpretation issue -intervener may not seek costs.
  3. LCRO 7/2016 Mr and Mrs YJ v XW (22 August 2018) [PDF, 166 KB]

    Complaint / Committee declined to take further action on complaints / property purchase / lawyer acted for vendor and purchaser / complaint lawyer failed to explain fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / provision of information to client / conduct rules not to be enforced in an overly technical manner / HELD / fees fair and reasonable / breach of rule 3.4 excusable rather than unsatisfactory conduct / Committee’s decision confirmed / section 211(1)(a)
  4. LCRO 124/2016 LE v AP and MC (20 August 2018) [PDF, 191 KB]

    Complaint / Committee declined to take further action on complaints / fees complaint / complaint lawyers misfiled appeal / failed to keep client informed / Lawyers and Conveyancers Act 2006, section 161 / section 210 / recovery of fees by lawyer / HELD / no evidence that lawyers had failed to communicate / no issues raised by lawyer filing appeal early / fee complaint has previously been considered by another Committee / lawyers able to seek recovery of fees / costs ordered against applicant / Committee’s decision confirmed / section 211(1)(a)
  5. YT v ED Ltd [2016] NZDT 1444 (18 August 2016) [PDF, 185 KB]

    Contract / Applicant wanted to build minor dwelling at back of house / Applicant and Respondent signed a construction contract  / Applicant paid a preliminary deposit / Delay in getting loan approval / Applicant claims refund of the preliminary deposit / Respondent counterclaims that it is not liable to refund the deposit and Applicant owes a second preliminary deposit / Held: Applicant under no obligation to renegotiate Agreement to turn it into a fixed price turn key contract / Applicant entitled to treat agreement as being terminated / Claim allowed / Respondent ordered to pay $9,342.50 to Applicant
  6. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [PDF, 312 KB]

    [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd (Interlocutory Judgment of Judge K G Smith, 16 August 2018) SECURITY FOR COSTS – employee resides in the US with no property in New Zealand – whether Court should exercise discretion not to award security for costs – company in more vulnerable position financially than employee – employee position arguable on the merits, but not strongly arguable – order for security made – Court scale used to estimate extent of security required - $18,509 to be paid as security for costs.
  7. LCRO 254/2015 CW v QA (13 August 2018) [PDF, 108 KB]

    Complaint / Committee declined to take further action on complaint / employment dispute / fee complaint / client entered arrangement to pay fees over time / client stopped paying fees / lawyer ceased acting until fees paid / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.10 / whether there was a conditional fee agreement / HELD / bankruptcy matter of public knowledge / lawyer should have informed client of consequences of bankruptcy / no requirement for lawyer to waive fees / no conditional fee agreement / Committee’s decision confirmed / section 211(1)(a)
  11. LCRO 22/2018 AE v BD (7 August 2018) [PDF, 114 KB]

    Complaint / Committee declined to take further action on complaints / rent renewal dispute / complaint lawyer failed to forward email to client / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 7 / Wilson v Legal Complaints Review Officer [2016] NZHC 2288 / duty to disclose relevant information to client / conduct rules should not be enforced in an unduly technical manner  / HELD / breach of rule 7 / failure to pass along email minor error / exercise of discretion / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
  13. LCRO 121/2017 PT v BD (25 July 2018) [PDF, 266 KB]

    Complaint / Committee declined to take further action on complaints / complaint lawyer withdrew as counsel before trial / whether complainant owed fees / terms of engagement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 4.2 / rule 11.3 / non-payment of fees / supervision of employees / HELD / withdrawal of lawyer does not raise any conduct issues / retainer was with firm / firm continued to act / lawyer continued to supervise firm’s employees / Committee’s decision confirmed / section 211(1)(a)
  15. LCRO 186/2016 KS v WX (20 July 2018) [PDF, 188 KB]

    Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to repay client funds held in trust account / Lawyers and Conveyancers Act 2006, section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / rule 9.6 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / Abbot v Macclesfield LCRO 40/2009 (29 May 2009) / open and transparent billing / reasonable time to render final account / HELD / final accounts not rendered within a reasonable time / fees not fair and reasonable / Committee’s decision modified / section 211(1)(a)
  17. [2018] NZEmpC 79 Hines v Eastland Port Ltd [PDF, 513 KB]

    [2018] NZEmpC 79 Hines v Eastland Port Ltd (Judgment of Judge J C Holden, 16 July 2018) UNJUSTIFIED DISMISSAL FOR SERIOUS MISCONDUCT – Maritime Transport Act 1994 and Maritime Rules – ship without a “pilot” -  employee put under supervision by other employee – whether acting on an honest but mistaken belief is misconduct – employee was employed for expertise and should have understood obligations – open to find serious misconduct –investigation sufficient – defects in the process were inconsequential – no unfairness in the investigation –no unjustified dismissal - ordering supervision by other employee a minor breach – no unjustified disadvantages – whether employer should indemnify employee’s costs – no remedies awarded.
  21. LCRO 186/2015 TL RH LTD & TL HOLDINGS LTD v QG (6 July 2018) [PDF, 118 KB]

    Complaint / Committee declined to take further action on complaints / lawyer ceased acting for clients / complaint lawyer mislead court and increased complainants costs / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 12 / third party duties / respect and courtesy / discovery obligations / termination of retainer / HELD / limited duties owed to complainants / no evidence lawyer breached duties owed to third party / Committee’s decision confirmed / section 211(1)(a)
  22. FN v TMM Ltd & TM [2018] NZDT 1067 (6 July 2018) [PDF, 107 KB]

    Contract / passing of ownership / Contract and Commercial Law Act 2017 / Applicant advertised ice-cream machine on TradeMe / Respondent agreed to pay a non-refundable $500 deposit on machine and pay for transportation in order to inspect machine / parties agreed if machine passed inspection, Respondent would pay the remaining $6,500 for the machine / despite Applicant and Respondent’s agent damaged machine when loading it for inspection, machine taken to Respondent for inspection / due to damage, Respondent did not accept machine  / Applicant seeks remainder of purchase price and $180 for filing the claim with the Tribunal / Held: property in goods transfers on acceptance, per ss 144 and 146 of the Contracts and Commercial Law Act 2017 / parties agreed acceptance would occur if and when machine passed inspection /  / despite Respondent’s agent’s involvement in damage occurring to machine, risk passers with property, unless otherwise agreed, per s 148 / machine remained in Applicant’s r…
  24. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [PDF, 220 KB]

    Complaint / Committee declined to take further action on complaints / relationship property dispute / client signed irrevocable instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5 / rule 5.4 / rule 6 / rule 10 / duty of independence / conflict of interest / partnership duties / HELD / lawyers had other appropriate methods to secure fees / partners entitled to accept information from other partners as correct / Committee’s decision modified / section 211(1)(a)

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