New Zealand Case Law: Decisions & Judgments

Topic

Lawyers discipline

Legal area

Court

25 May 2016

ORLOV v NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2016] NZCA 224

Citation

[2016] NZCA 224
Court

Court of Appeal

Leave to appeal was declined because the proposed grounds primarily raised fact‑intensive issues or established and settled legal principles, none involved a question of law of sufficient general or public importance under s254(2) nor any other reason warranting a second appeal; the High Court's factual assessments and application of settled law were not arguable points of law for the Court of Appeal; costs ordered against applicant.
19 Dec 2014

EQUITY LAW BARRISTERS LIMITED v HADEN [2014] NZHC 3356

Citation

[2014] NZHC 3356
Court

High Court

Dismissal of the application was compelled because the debtor failed to demonstrate a triable set-off of true substance and failed to establish mutuality between the claimed set-off (alleged liability of Mr Orlov personally) and the corporate judgment creditor; abuse and vexatious contentions were unsupported.
8 Oct 2014

NEW ZEALAND LAW SOCIETY v DELIU [2014] NZHC 2467

Citation

[2014] NZHC 2467
Court

High Court

The Court set aside the protest to jurisdiction and granted summary judgment for the defendant dismissing the NZLS claim because the statutory disciplinary scheme in Part 7 LCA is the primary and more appropriate forum for these complaints; ss 267 and 268 powers of the High Court are to be used only in rare or exceptional circumstances, which were not present here (overlap with existing disciplinary proceedings, lack of urgency, unsuitability of two-stage High Court/Court of Appeal process, limited range of penalties and need for specialist forum); accordingly at a substantive hearing a judge…

New Zealand Case Law

ORLOV v NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2016] NZCA 224

EQUITY LAW BARRISTERS LIMITED v HADEN [2014] NZHC 3356

NEW ZEALAND LAW SOCIETY v DELIU [2014] NZHC 2467