New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Solicitor removal from record

Legal area

Court

8 Mar 2017

ACE EDUCATION NZ LTD v OAK TREE HOME CARE LTD AND ANOR [2017] NZHC 375

Citation

[2017] NZHC 375
Court

High Court

The statutory demand appeared defective under s289 and there was a substantial dispute about the claimed amount; the director (Mr Pan) acted reasonably and in the company's interests in instructing the application to set aside, so the set aside application was not pursued and is dismissed; the solicitor on the record (J Ussher) is declared to have ceased to be solicitor under r5.41 and is awarded costs on a 2B basis; no costs are awarded against the non‑party director.
29 Jan 2014

BROADBENT v BROADBENT [2014] NZHC 23

Citation

[2014] NZHC 23
Court

High Court

The court exercised its discretion to remove Dawson Harford as solicitor for John Stephen Broadbent because the firm could not obtain instructions or fees and could not continue to act; the court refused the requested adjournment because Mr Broadbent had previously agreed the hearing date and offered no adequate justification for delay, and awarded costs to the plaintiff on a 2B basis to be reserved.