6 Aug 2021
PARMENTER v LEGAL COMPLAINTS REVIEW OFFICER [2021] NZHC 2025
- Citation
- [2021] NZHC 2025
- Court
- High Court
The Court held the LCRO and Standards Committee's finding of lack of diligence was Wednesbury unreasonable on the facts; while a lawyer must take reasonable steps to ensure discovery is completed, there was insufficient evidence that Mr Parmenter fell below the minimum standard of diligence given the circumstances (illness, travel, client-led document review, communications with opposing counsel); s 12(a) does not require both incompetence and lack of diligence to be established. Accordingly the findings of unsatisfactory conduct and associated penalty were set aside.