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Chamberlains V Lai
''Chamberlains v Lai'' 006NZSC 70, is an important case which lifted "barristerial immunity" in New Zealand as a defence to negligence claims against barristers for their actions in both civil and criminal proceedings, which had been a feature of New Zealand since the early 1970s. Background Chamberlains (a law firm) represented the Lais' horticulture company, S and L Lai Limited, in defending a claim for breach of fiduciary duty heard in the High Court of New Zealand by Blanchard J, during November 1995. Near the end of the trial, the judge asked Mr and Mrs Lai whether they would personally guarantee the judgement if their company lost in court, a stipulation they agreed to after obtaining the advice of their lawyer, an employee of Chamberlains. Unfortunately for the Lais, their company eventually lost in court, and judgement was entered against not only the company, but also against both of the Lais personally as well. Subsequently, the Lais sued Chamberlains for neglige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sian Seerpoohi Elias
Dame Sian Seerpoohi Elias (born 13 March 1949) is a New Zealand former Government official, who served as the 12th Chief Justice of New Zealand, and was therefore the most senior member of the country's judiciary. She was the presiding judge of the Supreme Court of New Zealand and on several occasions acted as Administrator of the Government. Early life and family Born in London of an Armenian father and a Welsh mother (hence her Welsh forename and Armenian surname), Elias arrived in New Zealand in 1952, and later attended Diocesan School for Girls in Auckland. She completed a law degree from the University of Auckland in 1970, and then undertook further study at Stanford University. She took up employment with an Auckland law firm in 1972, beginning her career as a barrister three years later. She also served as a member of the Motor Spirits Licensing Appeal Authority and of the Working Party on the Environment. Elias is married to Hugh Fletcher, former CEO of Fletcher Chal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Munro Gault
Sir Thomas Munro Gault (, 31 October 1938 – 19 May 2015) was a New Zealand jurist. He was a Justice of the Supreme Court of New Zealand and a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court of Final Appeal in Hong Kong. He was also a justice of the Supreme Court of Fiji. Gault attended Wellington College and graduated with a Master of Laws degree from Victoria University of Wellington. After graduation, he was a member of the law firm A J Park & Son for 20 years. In 1981, he began practising as a barrister sole, and in 1984 he was appointed a Queen's Counsel. His first appointment to the bench was as a Judge of the High Court in 1987, followed three years later by being made a member of the Court of Appeal. He was appointed President of the Court of Appeal in May 2002. In the 2001 New Year Honours, Gault was appointed a Distinguished Companion of the New Zealand Order of Merit, for services to the judiciary. In the 2009 S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Keith
Sir Kenneth James Keith (born 19 November 1937) is a New Zealand judge. He was elected to the International Court of Justice in November 2005, serving a nine-year term during the years 2006 through 2015. Keith was educated at the Auckland Grammar School and studied law at the University of Auckland, Victoria University of Wellington, and Harvard Law School. He was a faculty member of Victoria University from 1962 to 1964 and from 1966 to 1991. He served in the New Zealand Department of External Affairs during the early 1960s, and as a member of the United Nations Secretariat from 1968 to 1970. After this, he was Director of the New Zealand Institute of International Affairs and later became President of the New Zealand Law Commission. He was also a member of the Royal Commission on the Electoral System which was key in changing New Zealand's electoral system. In 1993 he was a member of the Working Party on the Reorganisation of the Income Tax Act 1976 which was instrumental i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Tipping
Sir Andrew Patrick Charles Tipping (; born 22 August 1942) is a New Zealand jurist who served as a Justice of the Supreme Court of New Zealand from 2004 until his retirement in 2012. He was also a member of the Privy Council of the United Kingdom. His tenure as a jurist has been widely acclaimed and his contributions to the shaping of New Zealand law are considered to be substantial and permanent. Early life Born in Oxford, England, Tipping came to New Zealand at an early age. He was educated at Cheltenham College, England, and then at Christ’s College and the University of Canterbury. He graduated with a Bachelor of Arts degree majoring in classics, a Bachelor of Laws degree, and then Master of Laws with first-class honours. Career He practiced as a common law partner in the Christchurch firm of Wynn Williams & Co. He was President of the Canterbury District Law Society in 1984 and a council member of the New Zealand Law Society from 1982–1984. In 1986, he was appoin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ted Thomas (judge)
Sir Edmund Walter Thomas (born 1934), widely known as Ted Thomas, is a New Zealand jurist. He is a retired judge of the Court of Appeal of New Zealand and a former acting judge of the Supreme Court of New Zealand. Biography Thomas was educated at Feilding Agricultural High School and Victoria University College graduating with a BA and LLB in 1956, and the higher doctorate LLD in 2009. He was admitted to the bar as a barrister and solicitor of the Supreme Court (later the High Court) of New Zealand. Following many years as a partner at New Zealand law firm Russell McVeagh, he became a barrister sole and was appointed a QC in 1981. In 1989 and 1990, he was President of the New Zealand Bar Association, and in 1990 he was appointed to the bench of the High Court of New Zealand. In 1995 he was elevated to the Court of Appeal. He retired from the appellate bench in 2001. As a judge some saw him as a proponent of judicial activism. He was also noted for his frequent dissent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lords does not control the term of the prime minister or of the government. Only the lower house may force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sian Elias
Dame Sian Seerpoohi Elias (born 13 March 1949) is a New Zealand former Government official, who served as the 12th Chief Justice of New Zealand, and was therefore the most senior member of the country's judiciary. She was the presiding judge of the Supreme Court of New Zealand and on several occasions acted as Administrator of the Government. Early life and family Born in London of an Armenian father and a Welsh mother (hence her Welsh forename and Armenian surname), Elias arrived in New Zealand in 1952, and later attended Diocesan School for Girls in Auckland. She completed a law degree from the University of Auckland in 1970, and then undertook further study at Stanford University. She took up employment with an Auckland law firm in 1972, beginning her career as a barrister three years later. She also served as a member of the Motor Spirits Licensing Appeal Authority and of the Working Party on the Environment. Elias is married to Hugh Fletcher, former CEO of Fletcher Chall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Gault
Sir Thomas Munro Gault (, 31 October 1938 – 19 May 2015) was a New Zealand jurist. He was a Justice of the Supreme Court of New Zealand and a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court of Final Appeal in Hong Kong. He was also a justice of the Supreme Court of Fiji. Gault attended Wellington College and graduated with a Master of Laws degree from Victoria University of Wellington. After graduation, he was a member of the law firm A J Park & Son for 20 years. In 1981, he began practising as a barrister sole, and in 1984 he was appointed a Queen's Counsel. His first appointment to the bench was as a Judge of the High Court in 1987, followed three years later by being made a member of the Court of Appeal. He was appointed President of the Court of Appeal in May 2002. In the 2001 New Year Honours, Gault was appointed a Distinguished Companion of the New Zealand Order of Merit, for services to the judiciary. In the 2009 S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
