New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pls guidelines

Legal area

Court

6 May 2016

BRUCE ANTHONY STEWART v LEGAL COMPLAINTS REVIEW OFFICER [2016] NZHC 916

Citation

[2016] NZAR 900
Court

High Court

The High Court held the LCRO erred in law by treating r 10.2 as applying to a conveyancing practitioner; r 10.2 by its clear language applies to persons who are 'lawyers' as defined by the Act; the LCRO also denied the applicant a fair hearing by not putting the critical issue to him and giving him an opportunity to address it; accordingly the LCRO decision and costs order were set aside.
25 Jun 2015

THE OFFICIAL ASSIGNEE v KINGSTON DEVELOPMENTS GROUP LIMITED [2015] NZHC 1416

Citation

(2015) 16 NZCPR 572
Court

High Court

Objectively tender would not have been futile: there was time and practical means to effect settlement by electronic transfer or by use of bank cheques and a temporary force limit on the vendor's solicitor trust account; the Official Assignee failed to prove that Kingston or its solicitor made tender clearly futile, therefore Kingston validly cancelled the option and did not repudiate the contract.