1 Jul 2020
McPHEDRAN v NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS [2020] NZHC 1526 [1 July 2020]
- Citation
- [2020] NZHC 1526
- Court
- High Court
The Appeals Council did not err in declining to admit counsel incompetence as an appeal ground; while jurisdiction to entertain such claims in exceptional cases is not excluded, the Appeals Council reasonably refused to do so given absence of timely, tested evidence, availability of civil remedies against counsel (so loss was not irremediable), procedural prerequisites (waiver of privilege, notice to counsel) and the public interest in efficient disciplinary processes; there was insufficient evidence that the member was mentally unfit at the time or that counsel's conduct caused a miscarriage…