LOH v IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL [2014] NZHC 1166

LOH v IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL [2014] NZHC 1166

The High Court held the Tribunal did not act ultra vires in issuing reasoned liability decisions because s49(1) permits the Tribunal to regulate its procedures and s51(2) does not preclude separate liability reasons; appeal rights are lawfully confined to sanctions; dishonesty can properly be inferred from grossly excessive fees together with failures to inform, justify fees and deliberate misrepresentations; and the Tribunal's hourly‑rate reasoning was permissible as supplementary confirmation of excessiveness.

Citation
[2014] NZHC 1166
Parties
First Applicant: BAE LIAN LOH; Second Applicant: SAMMI GU-CHANG; First Respondent: IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL; Second Respondent: IMMIGRATION ADVISERS AUTHORITY
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 May 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
application for judicial review dismissed; Tribunal liability findings upheld and sanctions left in place
Legal Topics
Overcharging, Dishonesty, Natural Justice, Ultra Vires, Appeal Rights, Sanctions, Licensing
Immigration Law Administrative Law Professional Discipline Overcharging Dishonesty Natural Justice Ultra Vires Appeal Rights +2 more

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Parties

BAE LIAN LOH

First Applicant

SAMMI GU-CHANG

Second Applicant

IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL

First Respondent

IMMIGRATION ADVISERS AUTHORITY

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Tribunal acted ultra vires by issuing standalone liability decisions
  2. 2 Whether the Tribunal erred in law in finding applicants acted dishonestly in charging excessive fees
  3. 3 Whether the Tribunal erred by assessing fees using an inferred hourly rate

Ratio Decidendi

The High Court held the Tribunal did not act ultra vires in issuing reasoned liability decisions because s49(1) permits the Tribunal to regulate its procedures and s51(2) does not preclude separate liability reasons; appeal rights are lawfully confined to sanctions; dishonesty can properly be inferred from grossly excessive fees together with failures to inform, justify fees and deliberate misrepresentations; and the Tribunal's hourly‑rate reasoning was permissible as supplementary confirmation of excessiveness.

Court Disposition

application for judicial review dismissed; Tribunal liability findings upheld and sanctions left in place

Orders

  • Application for judicial review dismissed
  • Tribunal liability decisions upheld and Tribunal sanctions remain in force