[2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem Skydiving (Judgment of Judge J C Holden, 16 April 2018) CHALLENGE TO COSTS DETERMINATION – EFFECT OF CALDERBANKS – increased costs sought - Calderbank offers rejected unreasonably – no information provided on financial difficulties – challenge unsuccessful - uplift of $2,000 – $9,000 costs awarded.
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[2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [PDF, 232 KB] -
LCRO 85/2016 BA v FE [PDF, 280 KB] Complaint / Committee declined to take further action on complaints / complaint lawyer unprofessional / fees excessive / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.1 / rule 5.3 / rule 9.1 / respect and courtesy / competent and independent advice / HELD / fees fair and reasonable / lawyer respectful and courteous / Committee’s decision confirmed / section 211(1)(a)
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[2018] NZEmpC 24 Aslam v Transportation Auckland Corp Ltd [PDF, 190 KB] [2018] NZEmpC 24 Aslam v Transportation Auckland Corp Ltd (Costs Judgment of Judge J C Holden, 23 March 2018) COSTS – costs reasonable – not awarded for period of legal aid – no evidence provided on ability to pay – costs of $14,228 ordered.
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[2018] NZEmpC 18 Johnston v The Fletcher Construction Co Ltd [PDF, 205 KB] [2018] NZEmpC 18 Johnston v The Fletcher Construction Co Ltd (Costs Judgment of Chief Judge Christina Inglis, 14 March 2018) COSTS – INDEMNITY COSTS – relevant principles considered – indemnity costs not appropriate – costs of $16,000 + GST awarded.
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LCRO 138/2015 AZ, VY and CX v DW and EV [PDF, 260 KB] Complaint / Committee found unsatisfactory conduct / complaint lawyer inadequately supervised / fee complaint / failure to advise / complaint about conduct of litigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 4.4.2 / rule 4.4.4 / rule 9 / rule 11.3 / rule 13.4 / rule 14.13 / rule 14.15.3 / failure to transfer files / failure to carry out work on files / alternatives to litigation / HELD / no failure to supervise lawyer / work ceased due to non-payment of fees / no undertaking to pay firms fees / Committee’s decision reversed / section 211(1)(a) DT(OV)
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FG v TT [2018] NZDT 1060 (9 March 2018) [PDF, 134 KB] Contract and Commercial Law Act 2017 / sale of goods / Respondent supplied grapevine rootstocks to Applicant / Applicant examined rootstocks after delivery during processing period/ Applicant rejected a number of rootstocks and invoiced Respondent for that amount / Respondent disputed timeframe for rejection / Applicant claimed invoiced amount, legal fees and interest / Respondent claimed rootstocks were not rejected within a reasonable time / Held: goods rejected within a reasonable time / reasonable timeframe for examining goods determined as processing period / given nature of goods and quantity supplied, reasonable for Applicant to examine goods over processing period / no particular loss to Respondent as a result of being notified after delivery / no provision in contract for payment of legal fees / Respondent liable to pay part of invoiced amount as at date of notification, plus interest / Respondent ordered to pay $999.81 to applicant.
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LCRO 57/2014 IW v PP [PDF, 279 KB] Complaint / Committee found unsatisfactory conduct / fee complaint / Committee ordered fee reduction / review only of unsatisfactory conduct / both parties support reversing of unsatisfactory conduct / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / Maguire v Manawatu Standards Committee [2016] NZHC 1052 / HELD / fees already refunded / views of complainant relevant / no broader issues arise / Committee’s decision reversed / section 211(1)(a) RM (RH)
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[2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [PDF, 195 KB] [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd (Interlocutory Judgment of Judge J C Holden, 5 March 2018) APPLICATION FOR SECURITY FOR COSTS – security for costs of $4,500 ordered – proceedings stayed til payment made or further order of the Court.
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LCRO 137/2016 HA v TY Costs Decision [PDF, 97 KB] Complaint / Costs decision / Lawyers and Conveyancers Act 2006 section 210(1) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 13.9 / discovery obligations / Client O v Lawyer S LCRO 35/2009 (2 June 2009) / HELD / costs awarded / needless costs caused to respondent / section 210(1) DT
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[2018] NZEmpC 11 Andrews t/a Alterations and Designer Garments [PDF, 105 KB] [2018] NZEmpC 11 Andrews t/a Alterations and Designer Garments (Judgment of Chief Judge Christina Inglis, 1 March 2018) COSTS ON DISCONTINUANCE – relevant principles considered – defendant awarded costs of $740.
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[2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [PDF, 162 KB] [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald (Interlocutory Judgment of Judge J C Holden, 1 March 2018) APPLICATION FOR STAY OF EXECUTION AND SECURITY FOR COSTS – no legitimate basis for stay – application for stay dismissed – security for costs of $7,500 ordered.
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LCRO 164/2014 WN and JM v SG [PDF, 352 KB] Complaint / Committee found unsatisfactory conduct / complaint about will / probate need to be granted in UK / exceeded quoted fees / service not timely or competent / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 7.1 / rule 7.2 / scope of retainer / duty to keep client informed / HELD / scope of retainer did not cover UK probate / fees reasonable and in line with estimate / service not timely / client not kept informed of progress / no conduct issues in regards to junior lawyer / senior lawyer censured / Committee’s decision modified / section 211(1)(a) RM
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[2018] NZEmpC 8 Nisha v LSG Sky Chefs NZ Ltd [PDF, 1.4 MB] [2018] NZEmpC 8 Nisha v LSG Sky Chefs New Zealand Ltd (Costs Judgment (No 1) of Judge B A Corkill, 23 February 2018) COSTS IN RELATION TO MULTIPLE JUDGMENTS – LIABILITY FOR COSTS - Calderbank offers unreasonably rejected – each of 19 interlocutory judgments dealt with separately – range from small costs in favour of plaintiff to indemnity costs in favour of defendant – other costs detailed – increased costs justified – adjustment for plaintiff’s modest success - GST not allowed for – total costs to defendant more than $198, 000– question of liability - plaintiff in person to pay $10,000 - non-party funding considered– personal liability of non-party as impropriety shown – joint and several liability found – costs in Authority to be paid by plaintiff personally - $10,500; non-party personally to pay $19,164.89; funding parties to pay jointly and severally over $166,000.
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[2018] NZSSAA 11 (16 February 2018) [PDF, 208 KB] Appellant sought costs at review. Application for costs and compensation struck out for want of jurisdiction. Outcome: appeal dismissed.
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CAC 414 v Goyal [2018] NZREADT 3 [PDF, 191 KB] Decision of the tribunal in the matter of charges laid under s 91 of the Real Estate Agents Act 2008. Date of decision: 16 February 2018
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[2018] NZEmpC 5 Read v Trends Publishing International Ltd [PDF, 121 KB] [2018] NZEmpC 5 Read v Trends Publishing International Ltd (Interlocutory Judgment of Judge B A Corkill, 15 February 2018) APPLICATIONS FOR STAY OF EXECUTION AND SECURITY FOR COSTS – not appropriate for court to place condition on payment – plaintiff ordered to pay $4000 into Court - no order for security for costs.
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CAC 404 v Kumandan [2018] NZREADT 1 [PDF, 176 KB] Ruling of the tribunal in the matter of charges under s 91 of the Real Estate Agents Act 2008 and in the matter of an appeal under s 111 of the Real Estate Agents Act 2008. Date of ruling: 15 February 2018
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LCRO 257-2016 KN v TH and HK [PDF, 116 KB] Complaint / Committee declined to take further action on complaints / complaint over fees / complaint estimate exceeded / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9 / rule 9.1 / Milnathort v Rhayader LCRO 140/09 (23 November 2009) / HELD / fees fair and reasonable / estimate updated as required / Committee’s decision confirmed / section 211(1)(a)
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2018 NZSSAA 008 (5 February 2018) [PDF, 100 KB] Decision on costs relating to [2017] NZSSAA 062.
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LCRO 100-2014 XO v QY decision date [PDF, 191 KB] Review / Committee declined to take further action on complaints / administration of estate / requirement to produce ID / Privacy Act 1993, principle 12(4) / XG v BC LCRO 131/2011 (24 June 2013) / deduction of fees / misleading Review Officer/ role of Privacy Commissioner / HELD / Review Officer and Privacy Commissioner not misled / entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a)
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LCRO 161-2016 XS v VS [PDF, 152 KB] Complaint / Committee found unsatisfactory conduct / Passports Act 1992 section 31 / Lawyers and Conveyancers Act section 138(1)(f) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.7/ fees complaint / records destroyed / HELD / no information available / Committee’s decision reversed / section 211(1)(a)
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LCRO 001/2017 AB v AC [PDF, 253 KB] Complaint / Committee declined to take further action on complaints / confidential information / lawyers personal capacity / dispute over fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.8 / rule 10.3 / rule 11.1 / EA v BO LCRO 237/2010 (29 September 2011) / HELD / lawyer acting in personal capacity / no conduct issues / Committee’s decision confirmed / section 211(1)(a)
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Auckland Standards Committee v Raheman [2010] NZLCDT 6 [PDF, 10 KB] Date of Decision: 01 January 2010. Decision on quantum of costs.
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National Standards Committee v Young [2017] NZLCDT 41 [PDF, 315 KB] Decision on charges (22 December 2017)
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LCRO 139/2017 ML v OP QR [PDF, 290 KB] Complaint / Committee declined to take further action on complaints / respondent acted for applicant in property sale / fees complaint / complaint fees deducted from funds without authorisation / Lawyers and Conveyancers Act 2006 section 110(1)(b) / section 113(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / rule 9.3 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Heslop v Cousins [2007] 3 NZLR 679 (CA) / Shand v MJ Atkinson Ltd (in liq) [1966] NZLR 551 (CA) / A v Z LCRO 40/2009 (29 May 2009) / lien over funds / authority to deduct fees / HELD / fees fair and reasonable / no authority to deduct fees / no lien over funds / funds held for particular purpose / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a)