Decision on charges (22 September 2017) Under Appeal
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Wellington Standards Committee 2 v Morahan [2017] NZLCDT 24 [PDF, 531 KB] -
[2017] NZEmpC 112 Chevelle Motors Ltd v Cranswick [PDF, 99 KB] [2017] NZEmpC 112 Chevelle Motors Ltd v Cranswick (Costs Judgment of Judge M E Perkins, 20 September 2017) COSTS – no costs memo received from plaintiff – reasonable expenses of Community Law Centre awarded - $1,200 costs against plaintiff to be paid to Community Law Centre.
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[2017] NZEmpC 110 Below v The Salvation Army NZ Trust [PDF, 131 KB] [2017] NZEmpC 110 Below v Salvation Army (Judgment of Judge Corkill, 8 September 2017) COSTS – whether a test case and costs should lie where they fall – ability of party to pay - general principles of costs discussed - $7500 costs contribution ordered
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LCRO 286/2013 NL v UC (5 September 2017) [PDF, 256 KB] Complaint / Committee declined to take further action on complaints / purchase of a property / complaint lawyer failed to act competently / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.10 / rule 9 / rule 9.6 / whether there was an estimate of fees / retainer prior to 1 August 2008 / HELD / lawyer encouraged to use interim accounts in the future / fees fair and reasonable / estimate was not a quote / Committee’s decision confirmed / section 211(1)(a)
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Naera v Fenwick - Whakapoungakau 24 (2017) 169 Waiariki MB 3 (169 WAR 3) [PDF, 292 KB] 31.08.17 | Judge Harvey | Te Ture Whenua Māori Act 1993, Section 79 | Costs
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Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block [2017] Māori Appellate Court MB 248 (2017 APPEAL 248) [PDF, 146 KB] 21.08.17 | Judge Armstrong, Judge Harvey, Judge Doogan | Te Ture Whenua Māori Act 1993, Section 79 | Costs
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[2017] NZEmpC 102 Kaipara District Council v McKerchar [PDF, 176 KB] [2017] NZEmpC 102 Kaipara District Council v McKerchar (Costs Judgment of Judge B A Corkill, 18 August 2017) COSTS – two applications for strike-out – mixed success – plaintiff’s claim more complex – possible to separate issues – reasonable costs carefully considered - $14,000 costs plus disbursements awarded to defendant.
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Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) [PDF, 184 KB] 17.08.17 | Judge Armstrong | Te Ture Whenua Māori Act 1993, Section 19 | Costs
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LCRO 247/2014 GG v HH and II (15 August 2017) [PDF, 134 KB] Complaint / Committee declined to take further action on complaint / dispute over trust / complaint lawyer about how the lawyer administered the trust / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / applicant not client of the lawyer / lawyer has different duties when acting as a trustee / no professional standards issues arise / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
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LCRO 253/2013 DN v TW (8 August 2017) [PDF, 145 KB] Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer failed to advise applicant properly / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no professional standards issues arise / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
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LCRO 197/2013 RN v WB (7 August 2017) [PDF, 134 KB] Complaint / Committee declined to take further action on complaint / relationship property dispute / complaint lawyer failed to advise applicant properly / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / HELD / no professional standards issues arise / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
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[2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [PDF, 246 KB] [2017] NZEmpC 96 Nisha v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment (No 23) of Judge B A Corkill, 4 August 2017)DISCOVERY- JOINDER – STRIKE-OUT – seeking documents on costs, funding and authorisation to file affidavits – application dismissed with reasons – strike-out application – adjourned for further submissions – application for joinder – set for telephone hearing.
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[2017] NZEmpC 93 Lal v The Warehouse Ltd [PDF, 125 KB] [2017] NZEmpC 93 Lal v The Warehouse Ltd (Costs Judgment of Chief Judge Christina Inglis, 3 August 2017) COSTS – no evidence adduced to support a reduction in costs due to financial hardship – no evidence adduced to support payment by instalments – defendant awarded costs of $20,684 including disbursements.
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[2017] NZEmpC 94 Crimson Consulting Ltd v Berry [PDF, 268 KB] [2017] NZEmpC 94 Crimson Consulting Ltd v Berry (Judgment of Judge Corkill, 3 August 2017 (but publicised 29 August 2017) NON-PUBLICATION - jurisdiction to challenge Authority determination on interim non-publication orders – proper test for non-publication discussed – commercial sensitivity – irrelevance to proceedings - in camera hearing application – costs determination of Authority replaced - $2,250 in costs for Authority investigation
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Wall v Fairfax New Zealand Ltd (Costs) [2017] NZHRRT 28 [PDF, 216 KB] Decision Date: 31 July 2017. Human Rights Act 1993
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LCRO 054/2017 VM v CR (31 July 2017) [PDF, 176 KB] Complaint / Committee declined to take further action on complaint / relationship property dispute / client complained about fees / fees held to be fair and reasonable / lawyer commenced proceedings to recover fees / complaint that lawyer breached agreement not to commence proceedings / Auckland Standards Committee 3 of the New Zealand Law Society v W [2011] 3 NZLR 117 (HC) / whether lawyer breached undertaking not to commence proceedings / HELD / Committee and LCRO do not have the power to order a lawyer to withdraw proceedings / undertaking not provided / Committee’s decision confirmed / section 211(1)(a)
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LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [PDF, 253 KB] Review / Committee found unsatisfactory conduct / own motion investigation / liquidation of companies / lawyer acting for client and clients parents / conflict of interests / failure to ensure parties had independent legal advice / inadequate terms of engagement / poor communication / failure to confirm instructions / fees not fair and reasonable / breach of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6 / rule 6.1 / rule 7 / rule 7.1 / rule 11.3 / whether client was agent of parents / HELD / act has focus on consumer protection / lawyer should have communicated directly with parents / fees not fair and reasonable / publication ordered / Committee’s decision otherwise modified / section 211(1)(a)
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LCRO 60/2017 NV v GW (31 July 2017) [PDF, 191 KB] Complaint / Committee declined to take further action on complaints / relationship property dispute / mediated settlement / lawyer had not initially acted for client / complaint lawyer had not acted in clients best interests / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 9 / rule 9.4 / whether fee estimate had been provided / HELD / lawyer acted according to instructions / estimate not provided / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
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[2017] EmpC 91 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten [PDF, 70 KB] [2017] NZEmpC 91 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust (Costs Judgment of Judge M E Perkins) COSTS – substantial discount - $9,732.63 in favour of defendant
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LCRO 099/2016 IJ v KL (28 July 2017) [PDF, 225 KB] Complaint / Committee declined to take further action on complaints / relationship property agreement / complaint lawyer failed to follow instructions / failed to keep client informed / withheld correspondence / fee complaint / Lawyers and Conveyancers Act 2006, section 110(1)(b) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 7.2 / rule 9 / rule 9.1 / HELD / fees fair and reasonable / lawyers acting on clients instructions / Committee’s decision confirmed / section 211(1)(a)
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TQ Ltd v MQ [2017] NZDT 1447 (24 July 2017) [PDF, 104 KB] Contract / Employment / Respondent was hired as temporary employee of Applicant / Respondent’s employment with Applicant ended / Respondent’s name was mistakenly added to Applicant’s payroll hours and he was paid for 30.98 hours of work / Respondent did not return mistaken payment / Applicant claims $1,114.94 including debt collection costs and costs of proceedings / Held: the matter falls within the exclusive jurisdiction of the Employment Relations Act 2000 (ERA) / Claim dismissed
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FA & FAA v TZ & TZZ [2017] NZDT 1048 (18 July 2017) [PDF, 90 KB] Contract / Contractual Remedies Act 1979 (CRA) / Cancellation of contract / Applicants signed up for gym memberships at Respondent’s gym / Applicants stopped paying monthly fees and sought to cancel contract / guidelines booklet stated membership could not be cancelled if arrears were on the account / Respondent suspended access and invoiced Applicants for membership fees and late fees / Applicants sought a declaration that they were not liable for fees because contract had been cancelled / Held: Respondent gave applicants insufficient notice of onerous term in guidelines booklet / term never became part of contract due to insufficient notice / applicants entitled to terminate membership despite being in arrears / Respondent not entitled to suspend access / contract did not provide for suspension / Respondent in breach of contract / Applicants entitled to cancel under CRA / Applicants ordered to pay fees for 10 days until suspension and one late payment fee
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LCRO 330/2013 PR v RW (17 July 2017) [PDF, 148 KB] Complaint / Committee declined to take further action on complaints / unsuccessful criminal appeal / complaint lawyer retained a vehicle / fee complaint / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.6 / final accounts / whether fees were to be paid by legal aid / HELD / not enough evidence to support fee complaint / complaints about vehicle not suitable for the Office to determine / Committee’s decision confirmed / section 211(1)(a)
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[2017] NZEmpC 86 McLaren v Stephen Marr Hair Design Newmarket Ltd [PDF, 68 KB] [2017] NZEmpC 86 McLaren v Stephen Marr Hair Design Newmarket Ltd (Judgment of Judge M E Perkins, 10 July 2017) CONSENT – proceedings discontinued – Authority’s costs determination set aside by consent – plaintiff to pay defendant’s costs in the Authority.
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[2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson [PDF, 181 KB] [2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson (Costs Judgment of Judge K G Smith, 30 June 2017) COSTS - Costs incurred by successful plaintiff were reasonably incurred – no GST awarded – uplift justified on basis of offer which was refused – ability to pay considered – total costs in Court and Authority awarded against defendant of $64,457.35.