Tenor of Standards Committee determination subjective, personal and pejorative, inconsistent with terminology of the LCA. Determination reversed. Finding of unsatisfactory conduct not challenged by applicant, and reinstated (for different reasons) on review. Standards Committee ordered lawyer to pay costs of $5,000. Costs not part of penalty, and should reflect costs and expenses of and incidental to inquiry or investigation.LCRO directed Standards Committee to give lawyer the opportunity to make submissions on costs prior to making an order.
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2940 items matching your search terms
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AB v IJ, OBO and EF LCRO 203/2014 (29 August 2016) [PDF, 312 KB] -
[2016] NZEmpC 110 Matsuoka v LSG Sky Chefs NZ Ltd [PDF, 88 KB] [2016] NZEmpC 110 John Matsuoka v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment of Judge M E Perkins, 29 August 2016) DISCLOSURE – NON-PARTY DISCLOSURE - disclosure of tax records in absence of time and wage records – non-party breached obligation to retain full time and wage records for employee – privacy of other employees not compromised by disclosure – disclosure of relevant Inland Revenue documents ordered – costs reserved.
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CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [PDF, 336 KB] Decision date: 24 August 2016. Charges. Substantive and penalty decision.
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[2016] NZEmpC 105 Caffe Coffee (NZ) Ltd v Farrimond [PDF, 124 KB] Caffe Coffee (NZ) Ltd v Sune Farrimond [2016] NZEmpC 105 (Costs Judgment of Judge B A Corkill) COSTS – principles applied – Court’s Guideline Scale – Calderbank offers – claim for disbursements – contribution to costs and disbursements in the Authority and Court ordered.
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[2016] NZEmpC 106 Hunza Productions Ltd v E Lighting Ltd [PDF, 58 KB] Hunza Productions Limited v E Lighting Limited [2016] NZEmpC 106 (Consent Judgment of Judge K G Smith) CONSENT – parties agreed to settle consolidated proceeding – penalties set aside – stay of execution discharged and payments reimbursed – no orders for costs.
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CAC 301 & CAC 403 v Tucker, Tucker v CAC 301 & CAC 403 [2016] NZREADT 58 [PDF, 78 KB] Decision date: 23 August 2016. Charges and Appeal. Interim Ruling.
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CAC 301 & CAC 403 v Tucker, Tucker v CAC 301 & CAC 403 [2016] NZREADT 59 [PDF, 71 KB] Decision date: 23 August 2016. Charges and Appeal. Interim Ruling.
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[2016] NZEmpC 104 MUNZ v The China Navigation Co Pte Ltd [PDF, 128 KB] Maritime Union of New Zealand Inc v The China Navigation Company Pte Ltd [2016] NZEmpC 104 (Interim Judgment of Chief Judge G L Colgan) COLLECTIVE BARGAINING – LOCKOUT – interim judgment – offer of employment on individual employment agreement does not constitute a lockout – collective bargaining initiated lawfully – legitimate for Court to assist parties beyond narrow and technical issues – costs reserved
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DV v VE [2016] NZDT 970 (22 August 2016) [PDF, 22 KB] Negligence / motor vehicle collision / Applicant was riding motor scooter when a vehicle turned right across her path / Applicant claims losses from damage to scooter that was uneconomic to repair / Respondent denies being the driver of the car and knew nothing about the collision before receiving notice of proceedings / Held: on balance of probabilities, Respondent was the driver of the vehicle / Respondent failed to check that all lanes were clear before turning right / Respondent liable for reasonable losses / claim allowed, Respondent to pay Applicant $3,554 in replacement costs .
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[2016] NZEmpC 102 Mercer v McIntyre [PDF, 76 KB] [2016] NZEmpC 102 Shane Andrew Mercer v Robert Lester McIntyre (Costs Judgment of Judge Christina Inglis, 18 August 2016) COSTS – plaintiff accepted contribution to costs appropriate – costs quantum assessed by analogy to High Court scale – no reduction of costs for alleged aggravating conduct – costs of $10,700 awarded.
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[2016] NZEmpC 101 Modern Transport Engineers (2002) Ltd v Phillips [PDF, 65 KB] [2016] NZEmpC 101 Modern Transport Engineers (2002) Limited v Phillips (Consent Costs Judgment of Judge Christina Inglis, 18 August 2016) CONSENT – COSTS – costs issues resolved by parties – settlement terms confidential.
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[2016] NZEmpC 97 Banks v Hockey Manawatu Inc [PDF, 193 KB] [2016] NZEmpC 97 Warren Banks v Hockey Manawatu Incorporated (Costs Judgment of Judge Corkill, 5 August) COSTS – principles considered – costs in the Authority should follow the event, based on notional daily rate – costs in the Court considered, including scale assessments and legal charges – Calderbank offers considered and principles applied – conduct of parties factored into costs assessment – allowance for GST – Court disbursements considered – defendant’s financial circumstances considered – total of $123,034.10 awarded.
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Te Wani v Peters - Te Puru No 5 (2016) 124 Waikato Maniapoto MB 272 (124 WMN 272) [PDF, 204 KB] 03.08.16 | Judge Clark | Te Ture Whenua Māori Act 1993, section 19(1)(a) | Costs
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UT v ET [2016] NZDT 1473 (1 August 2016) [PDF, 96 KB] Issue estoppel / Negligence / Damages / Applicant engaged Respondent to build driveway fence on boundary with neighbours / Build encroached on neighbours land and they brought a separate action against Applicant and Respondent / Respondent ordered to move fence or neighbour entitled to completed work by another contract and Applicant and Respondent liable for costs / Respondent failed to move fence by deadline / Applicant claims reimbursement for other contractor / Respondent estopped in current proceedings from arguing not negligent in positioning fence / Held: Respondent owed Applicant duty of care when positioning boundary fence / Respondent negligent in positioning fence; liable to Applicant for foreseeable loss / Claim allowed / Respondent must pay $1,463.75 to applicant
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RV v IP and RM LCRO 212/2014 (25 July 2016) [PDF, 78 KB] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision is: (a) Modified to record a determination pursuant to s 152(2)(b)(i) and 12(c) that there has been unsatisfactory conduct on the part of Mr RV by his contravention of rule 8; and (b) Otherwise confirmed. Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Mr RV is ordered to pay costs of $1,200.
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[2016] NZEmpC 91 Khurana v Singh [PDF, 100 KB] [2016] NZEmpC 91 Deepak Khurana v Surender Singh (Interlocutory Judgment of Judge M E Perkins, 20 July 2016) SECURITY FOR COSTS – whether security for costs appropriate – principles considered – application dismissed.
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EH Ltd v US [2016] NZDT 963 (18 July 2016) [PDF, 127 KB] Contract / Minor Contract Act 1969 (MCA) / Respondent bid and won a car auction for $2515.00 on Trade Me / Applicant and Trade Me unable to contact Respondent about the purchase / Applicant relisted the car a month later and it sold for $1670.00 / Respondent was a 17-year-old high school student and was in breach of Trade Me’s terms and conditions that users must be 18 years old / Applicant claims damages for the price difference and other costs incurred for second auction / Held: the contract was not part of a considered, negotiated bargain / Respondent did not think she would win the auction as there had been strong competition before she placed her bid / Applicant expected Respondent to be an adult / Respondent failed to communicate her age in a timely manner / placing bids in an online auction is the sort of contract the MCA is designed to protect minors against / contract cannot be enforced / an award of the full amount of damage not appropriate / loss component not included in th…
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[2016] NZSSAA 71 (18 July 2016) [PDF, 178 KB] We are satisfied that the appellant’s pension falls within the definition of a Government Occupational Pension as defined in s 3 of the Social Security Act 1964 and therefore, should not be deducted from his entitlement to New Zealand Superannuation pursuant to s 70 of the Act. The appeal is allowed. The appellant is invited to make submissions on costs within 14 days of the date of this decision.
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[2016] NZSSAA 74 (18 July 2016) [PDF, 113 KB] The appeal as it relates to the rate of Special Benefit payable is dismissed. Costs are reserved.
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Karepa v Te Riini - Kikorangi Kareti Karepa Whanau Trust (2016) 144 Waiariki MB 3 (144 WAR 3) [PDF, 216 KB] 12.07.16 | Judge Coxhead | Te Ture Whenua Māori Act 1993, section 79 | Costs
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Gilford v Accident Compensation Corporation [2016] NZACA 03 [PDF, 75 KB] Appeal of Reviewer’s Decision / while Corporation initially declined cover for mental consequences of appellant’s injury, that decision was later revoked by the Corporation and coverage was granted / therefore, review application declined due to lack of jurisdiction / HELD / section 110, Accident Compensation Act 1982 / section 390, Accident Compensation Act 2001 / no statutory prohibition against revising a decision / grounds raised on appeal to Authority do not arise out of relevant decisions by the Corporation or reviewer / no dispute or live issue to be decided on appeal / review decision confirmed / appeal dismissed / no jurisdiction to award costs
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WL & BN v SD LCRO 106/2015 (5 July 2016) [PDF, 65 KB] Lawyer sent a letter marked "without prejudice save as to costs" to arbitrator prior to arbitrator reaching decision on substantive matters. Complaint by opposing lawyer that this constituted a breach of r 13.9 of the CCCR. Standards Committee considered whether lawyer had breached privilege and found breach of r13.9. LCRO advised parties of his preliminary view that r13.9 related only to the issue of privilege in the context of discovery and called for submissions / comments. Respondent (complainant lawyer_ responded that r13.9 was irrelevant and that the issue fell to be determined in accordance with general professional obligations (rules not exhaustive) and rule 2 (requirement to uphold the rule of law). Applicant's counsel agreed with LCRO preliminary review, observing that disputes over the status of without prejudice documents were commonplace and were to be resolved by the judge or arbitrator. He considered it would be 'intolerable' for litigators to be exposed to adverse di…
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GN v HJ LCRO 30/2015 (22 June 2016) [PDF, 69 KB] Ms GN has applied for a review of a decision by the [Area] Standards Committee [X] dated 15 December 2014. The Committee found that Mr HJ’s failure to provide information to Ms GN contravened rule 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The Committee concluded the fees charged for services provided to Ms GN were fair and reasonable pursuant to rules 9 and 9.1, and decided that further action on the other issues Ms GN raised in her complaint was not necessary or appropriate. A finding of unsatisfactory conduct was recorded against Mr HJ, and he was fined $500.
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[2016] NZEmpC 77 Nisha v LSG Sky Chefs New Zealand Ltd [PDF, 301 KB] [2016] NZEmpC 77 Nisha Alim v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment No 20 of Judge B A Corkill, 20 June 2016) COSTS – DISCLOSURE – JOINDER – disclosure order for costs purposes – third-party funder – litigation funding – abuse of process – discovery and privilege – proceedings – disclosure of litigation funding agreement – financial statements.
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DL Ltd v VO [2016] NZDT 952 (17 June 2016) [PDF, 88 KB] Contract / Credit Contracts and Consumer Finance Act 2003 / Credit (Repossession) Act 1997 (C(R)A) / Respondent took out loan from Applicant of $8598 to purchase motor vehicle / loan secured against motor vehicle / Respondent was to pay $108.53 under consumer credit agreement / Respondent stopped making payments / Applicant repossessed and sold vehicle / Applicant claims $6,936.70 for shortfall following vehicle sale / Held: consumer credit agreement valid, can be enforced and was breached by Respondent / Applicant used all reasonable efforts to obtain best price for vehicle as required under C(R)A / claim allowed, Respondent ordered to pay Applicant $6,649.20