New Zealand Case Law: Decisions & Judgments

Topic

Standard of proof in disciplinary proceedings

Legal area

Court

7 Oct 2020

HONG v AUCKLAND STANDARDS COMMITTEE NO. 5 [2020] NZHC 2613

Citation

[2020] NZHC 2613
Court

High Court

Leave to appeal and leave to adduce fresh evidence were refused because the proposed questions were predominantly factual rather than questions of law capable of bona fide and serious argument, none met the high threshold for a second appeal or demonstrated sufficient public importance to outweigh delay and expense, and the matters relating to fresh evidence fall within the Court of Appeal's procedural rules.
20 Feb 2014

SISSON v THE STANDARDS COMMITTE (2) OF THE CANTERBURY WESTLAND BRANCH OF THE NEW ZEALAND LAW SOCIETY COMPLAINTS SERVICE STANDARDS COMMITTEE [2014] NZHC 223

Citation

[2014] NZHC 223
Court

High Court

Leave to appeal was declined because the challenged matters were primarily factual or issues of weight rather than questions of law of sufficient general or public importance; LSA v Black was binding and irrelevant to the central findings of client trust breach and dishonesty; the balance of probabilities standard was correctly applied and the High Court properly considered fairness and mitigation, so no error of law was established.
29 Apr 2008

COMPLAINTS COMMITTEE NO 1 OF THE AUCKLAND DISTRICT LAW SOCIETY V APC HC AK CIV 2007-404-4646

Citation

openlaw-1576b439_d9df_40ec_a6c8_f8106c6e2461.pdf
Court

High Court

The Court held the Tribunal applied an incorrect, overly narrow test for professional misconduct; on the correct analysis respondent intentionally purported to act as a solicitor and made misleading representations in solicitor's certificates in breach of s56(2) and those misrepresentations amounted to misconduct in a professional capacity; the matter is remitted to the Tribunal for penalty and costs.

New Zealand Case Law

HONG v AUCKLAND STANDARDS COMMITTEE NO. 5 [2020] NZHC 2613

SISSON v THE STANDARDS COMMITTE (2) OF THE CANTERBURY WESTLAND BRANCH OF THE NEW ZEALAND LAW SOCIETY COMPLAINTS SERVICE STANDARDS COMMITTEE [2014] NZHC 223

COMPLAINTS COMMITTEE NO 1 OF THE AUCKLAND DISTRICT LAW SOCIETY V APC HC AK CIV 2007-404-4646