New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disgraceful conduct

Legal area

Court

28 Feb 2020

PRASAD v REAL ESTATE AGENTS AUTHORITY (COMPLAINTS ASSESSMENT COMMITTEE 416) [2020] NZHC 335

Citation

[2020] NZHC 335
Court

High Court

The High Court upheld the Tribunal's factual findings that Prasad failed to disclose significant road‑widening information to all potential purchasers and colleagues and deliberately falsified diary and transaction records to evade investigation; those findings established s73(b) misconduct and s73(a) disgraceful conduct by dishonesty; given the deliberate falsification, lack of insight and absence of remorse cancellation of Prasad's licence was the only appropriate penalty after assessing mitigation and public interest.
31 Jul 2019

MAIRS v COMPLAINTS ASSESSMENT COMMITTEE 413 [2019] NZHC 1839

Citation

[2019] NZHC 1839
Court

High Court

The High Court upheld cancellation because the appellant's unauthorised overnight occupation of a client property, subsequent dishonesty to the owner and police, attempts to procure corroboration, persistent misleading accounts during the disciplinary process, lack of insight and abrasive conduct demonstrated he was not a fit and proper person; personal stressors did not establish likely rehabilitation or justify a lesser penalty.