Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Committee determined that conduct be considered by Lawyers and Conveyancers Disciplinary Tribunal / overpayment on money into trust account / trust account obligations / failure to follow instructions / Lawyers and Conveyancers Act 2006, section 158 / Lawyers and Conveyancers (Trust Accounts) Regulations 2008, regulation 12 / Orlov v New Zealand Law Society [2013] NZCA 230, [2013] 3 NZLR 562 / VX and VXZ v North Island Standards Committee LCRO 126/2012 (5 June 2013) / HELD / Standards Committee not obliged to provide reasons for laying charges / laying of charges justified / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / relationship property dispute / complaint that nothing had been achieved / lawyer had not acted in clients best interests / excessive fees / conflict of interest / Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008, rule 9.1 / HELD / no conflict of interest / lawyer progressed matters as was practicable / no unreasonable delays / costs ordered against lay applicant / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

Costs determination TRI-2016-100-006. DBH 7128. Decision date 27 June 2017.

Complaint / Committee declined to take further action on complaints / relationship property dispute / caveat registered over house to pay lawyers fees / client died / complainant beneficiary under will / complaint lawyer failed to provide terms of engagement / did not advise client to take independent advice / failure to follow instructions / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.4 / rule 9 / rule 13.3 / rule 13.4 / alternatives to litigation / HELD / lawyer provided competent service / fees fair and reasonable / other remedies available to the complainant / Committee’s decision modified / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / purchase of healthcare facility / lawyer advised client to cancel contract / complaint lawyer had a conflict of interests / deducted fees from trust account / Lawyers and Conveyancers Act 2006, section 110(1)(b) /  Lawyers and Conveyancers Act (Trust Account) Regulations 2008, regulation 9 / regulation 9.3 / regulation 10 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.3 / Heslop v Cousins [2007] 3 NZLR 679 (HC) / AR v ZE LCRO 83/2012 (6 May 2016) / duty to give objective advice / competence / HELD / lawyer gave objective advice / conflict of interest complaint speculative / lawyer entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a)

Contract / Consumer Guarantees Act 1993 / Applicant purchased lounge suite from respondent / lounge suite sold “as is – no return available” at a discounted price / Applicant notified Respondent of a cracked beam / Respondent offered a “one-off frame repair, at no charge out of goodwill” / Applicant did not believe repair would remedy the issue /  Applicant claimed full refund / Held: lounge suite not of acceptable quality / cracked beam was a failure of substantial character / reasonable consumer fully acquainted with the nature of the failure would not have purchased the suite / Applicant entitled to reject goods and receive a full refund / claim allowed, Respondent ordered to pay Applicant $2,799 and Respondent to collect suite at its own expense.

[2017] NZEmpC 65 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment of Judge Christina Inglis, 24 May 2017) APPLICATION FOR EXTENSION OF TIME – leave sought to file notice of opposition to application for security of costs – overall interests of justice considered – leave granted.

Complaint / Committee declined to take further action on complaints / relationship property dispute / conflict of interest / independent advice / fees complaint / Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008, rule 9.1 / HELD / lawyer acted correctly / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)

[2017] NZEmpC 62 Tradefog Global Co Ltd v Bartholomeusz (Costs Judgment of Judge K G Smith, 18 May 2017) COSTS – application for indemnity costs – no features justifying uplift – costs of $4000 awarded against plaintiffs.

[2017] NZEmpC 58 AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc (Costs Judgment of Judge B A Corkill, 17 May 2017) COSTS – DISCONTINUANCE – plaintiff entitled to some credit for raising significant issues and not requiring Court to determine factual findings – plaintiff to contribute $9,000 to defendant costs.

[2017] NZEmpC 54 Marx v Southern Cross Campus Board of Trustees (Costs Judgment of Judge Christina Inglis, 12 May 2017) COSTS – unsuccessful challenge – dismissal of application for rehearing – applicable principles considered – costs of $37,742 awarded in favour of defendant.

[2017] NZEmpC 49 Domingo v Suon (Costs Judgment of Judge Christina Inglis, 11 May 2017) COSTS – no response from defendant – costs in favour of plaintiff of $3,795 ordered .

[2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd (Interlocutory Judgment of Judge M E Perkins, 5 May 2017) CHALLENGE ON CONSTRUCTIVE DISMISSAL – APPLICATION FOR SECURITY FOR COSTS & STAY OF PROCEEDINGS – papers not filed in time – serious prejudice to defendant  - principles for security for costs considered – impecuniosity established – security for costs set at $7,500 – stay in place until payment.