COUNCIL BRIEF
Council Brief Advertising
[email protected]
Reynolds Advertising
The monthly newspaper of the
Wellington Branch NZ Law Society
DECEMBER 2012
ISSUE 420
❑ President’s Column
A year of challenges and sadness
By Mark Wilton
THE end of the
year is upon us
and hopefully you
will find time to
stop and spend
time with your
family and friends
over the festive
season. I would like to offer my
season’s greetings to all.
This year has been filled with
new challenges and also sadness for
the profession with the passing of a
number of members.
Changes to legal aid scheme,
court closures and the introduction
of new legislation in a number of
areas of practice will continue to
challenge us all in the coming year.
The Society itself is also instigating
change in the profession with
consultation on introduction of
the continuing professional
development scheme (CPD).
Thanks to committees
I take this opportunity to thank
our committees for the great work
they have done this year. An
enormous amount of time and
energy has been put in by members
to organise seminars, social
functions and the preparation of
submissions on proposed legislation.
Our CPD Working Group led by
Vice President Aaron Martin
facilitated our Branch Council
submissions on the CPD draft rules
for consideration by the NZLS. Our
Young Lawyers Committee too has
put in many hours in representing
the interests of our members who
have been admitted five or fewer
years. It is the good work of our
committees and working groups that
helps to make us such a vibrant and
engaged Branch of the New Zealand
Law Society.
Greg King
It was with great sadness that
members of the Criminal Bar
gathered at the Des Deacon
Memorial Dinner this month on the
eve of Greg King’s funeral. Many
of our members are grieving over
the loss of Greg from the
profession. The evening offered
those attending the opportunity for
solace, reflection and support.
‘Practising Well’
One important event I look back
on this year was the ‘practising
well’ seminar on work-lifebalance. This event was held in July
and was sold out. It provided an
excellent forum to discuss the
pressures and competing interests
in lawyers’ lives, and suggesting
ways to achieve that illusive worklife-balance. We as a profession
must look out for one another.
Practising well is one of the four
pillars of our Branch Council
business plan and will remain a
focus. We will continue assisting
members of the profession in times
of need. That assistance this year
has not only included the pastoral
care of members but also tangible
financial assistance from the
Solicitors’ Benevolent Fund.
Council members join me in
wishing you all a merry Christmas
and happy new year.
Comments from colleagues and
friends about Greg King, including
mine, may be read on pages 4 and 5.
Upper Hutt Court closure
and other MOJ changes
By Mark Wilton
President, Wellington Branch, NZLS
THE Minister for Courts announced changes to the District Courts
network on 3 October, including disestablishing the Upper Hutt
Court and a nationwide management restructure.
These decisions have significant consequences for both our
members and the general public.
The Wellington Branch of the NZLS immediately made
arrangements with the Ministry of Justice (MOJ) to convene a
meeting with practitioners to discuss these matters.
This meeting with MOJ officials held in Lower Hutt on Tuesday
13 November included Tony Fisher (General Manager District
Courts) and the Minister of Courts the Honourable Chester Borrows.
The meeting allowed our members to directly voice concerns to
the assembled officials about the consequences of the changes. A
number of issues were identified for the Ministry to consider and
follow up.
Further meetings with the profession are now planned in
December and January. The next is on Monday 17 December in the
Lower Hutt Court at 4.00pm. We would encourage all interested
members to attend.
Should you wish to raise any matters directly with me please
make contact at [email protected]
In addition, the Branch is working closely with the NZLS
Courthouse Committee which is working on these announcements
and engaging with the MOJ about them.
We encourage members to contact Jason Cooper
([email protected]) who is the NZLS Secretariat for
the Courthouse committee with matters you wish the NZLS
Courthouse Committee to consider.
❑ Library News
Library free wi-fi trial –
please give feedback
Professor Tony Smith
Pro Vice-Chancellor and
Dean of Law
By Robin Anderson, Wellington Branch Librarian
invites VUW law alumni and
friends to the Law School’s
Christmas drinks on Thursday,
December 13 at 5.30pm in
the Salmond Room, Old
Government Buildings.
THE Wellington Library’s wi-fi trial will be continuing for at least another
month or two, so I urge members who use the library to test it and to pass
on any feedback to me. We are keen to get your experiences and opinions.
Please email me if you have questions or comments –
[email protected]
The Library’s telephones have been upgraded. The previous phones
had been installed when we moved into this library in April 1993. All staff
now have voicemail so that you can leave individual staff a message now
as well at the main voicemail. You will also hear different ring tones
inside the library. The main phone number remains the same so no need to
change your notebooks. The number is 473 6202. Fax number is also the
same 471 2568.
Interesting internet sites
A new journal called the Australian Journal of Asian Law is now being
published on the internet. It is a joint initiative of the Australian National
University and the University of Melbourne and is hosted by the Social
Sciences Research Network which has a large Legal Scholarship Network
with a lot of very good information. You can view the papers here – http:/
/www.ssrn.com/link/Asian-Law-Journal.html and subscribe here – http://
hq.ssrn.com/jourInvite.cfm?link=Asian-Law-Journal.
If it is Malaysian legislation you are after, I have two free sites for you
as well. You can use these official websites Laws of Malaysia http://
www.agc.gov.my/index.php?option=com_content&view=article&id=1406&Itemid=259&lang=en
or the e-Federal Gazette portal http://www.federalgazette.agc.gov.my/.
Please note however that these sites have the statutes as enacted or
reprinted and do not reflect changes made before any reprint. For point-intime legislation you will need to use separate pay websites. You will also
find Malaysian case law and other materials on the Commonlii website.
Go to http://www.commonlii.org/ .
❑ List of new books page 3
RSVP (acceptances only) to Anna
Burnett by Monday, 11 December
Phone 463-6327
email [email protected]
Wellington barrister Elizabeth Hall, seen here with baby Libby and
Wellington mayor Celia Wade-Brown, was presented with a Royal NZ
SPCA Jubilee award recently as one of a group SPCA volunteers honoured
for services ‘beyond the call of duty’. Elizabeth’s award was for her pro
bono legal advice and prosecution work for the SPCA.
Branch office Xmas hours
The Wellington Branch office will close
on Friday 21 December and reopen on
Monday 14 January 2013.
Members of the Wellington Branch
Council, staff, and the editor of
Council Brief, wish all members
season’s greetings and best
wishes for 2013.
In this issue:
• Greg King
4, 5
• Des Deacon dinner 5, 8
• Court closure
1, 6
The Rt Hon. Lady Justice
Mary Arden DBE
will present the
Robin Cooke Lecture
‘Press, Privacy and
Proportionality’
on Wednesday, 20 March 2013
at 5.30pm in Lecture Theatres 1
& 2, Old Government Buildings
and you are warmly invited to
attend.
RSVP (acceptances only) Anna Burnett
by Wednesday, March 13
Phone 463-6327
email:
[email protected]
Page 2 – COUNCIL BRIEF, DECEMBER 2012
Wellington Branch Diary December
into February 2013
Wednesday 5 December
Trust Law Review – The Law Commission, the Property Law Section,
Wellington Branch invite practitioners to discuss the review; Level 8, NZLS
Building, 26 Waring Taylor Street, 12.30pm. Tea, coffee available. RSVP ph
472 8978,
Wednesday 12 December
Wellington Branch Council meeting
Thursday 13 December
Courts and Tribunals Committee meeting
Family Law Committee meeting
Public Law Committee meeting
Friday 14 December
Admissions Ceremonies, Old High Court Building
Monday 17 December
Amalgamation of Upper Hutt and Lower Hutt courts – further meeting with
Ministry of Justice officials, Courtroom 1, Lower Hutt District Court, 4-6pm
Thursday 14 February
Triple your memory and confidence, and halve your stress, NZLS CLE
Workshop, Copthorne Oriental Bay, 9am-4.30pm
Friday 22 February
The PRA in the GFC – Uncertainty in Uncertain Times, NZLS CLE Intensive,
Te Papa, 9.30am-6.30pm
Criminal Law Symposium, Wellington Convention Centre
Wednesday 27 February
New High Court Case Management Regime, Seminar, Spectrum Theatre, 4-6pm
Case summaries based on those written for LINX database. Copies of the
judgments are available from the NZLS High Court Library:
[email protected] 64 4 473-6202 o 0800 FORLAW– 0800 36 75 29
Symons v Wiltshire – [2012] NZSC 70 – 9
August 2012 Reissued 17 October 2012 –
Elias CJ, Tipping, McGrath, William
Young and Chambers JJ
GUARANTEE & INDEMNITY –
SUMMARY JUDGMENT
Successful appeal against summary
judgment under personal guarantees of
loan advances – advances by ASB Bank
to Opus Fintek Ltd (Opus) and Fibroin
Initiatives (Fibroin) (together the
companies) were personally guaranteed
by appellants and interests associated
with the respondent (W and his company
C Ltd) who were also the companies’
equity participants – primary business of
companies was management of
investment in Hopscotch Money Ltd
(Hopscotch) which was consumer
finance company associated with Chrisco
Hampers Ltd – subsequent difficulties
between Opus and the other major
shareholder in Hopscotch (a Chrisco
company, Hats Holdings Ltd (Hats)) –
settlement agreement of Nov 2007
provided for Hats to acquire Opus shares
for $5.2M payable in three instalments
(2007 settlement agreement) – first
payment only was made and used by
Opus to fund payment to Hopscotch to
discharge loans to appellants – following
non payment of second instalment in Apr
2008 ASB called up advances which the
companies were unable to pay –
respondent then repaid the bank the
amount outstanding in consideration of
assignment of debts and supporting
securities on basis W and C Ltd were
discharged as guarantors – appellants
consented to arrangement – proceeding
issued by Opus to recover outstanding
balance under 2007 settlement agreement
from Hats which filed counterclaim
alleging misconduct and breach of
directors’ duties by appellants joined as
additional defendants – litigation funding
provided by interests associated with W –
Auckland barrister S was appointed as
receiver of Opus in Sep 2009 at which
time W advised appellants his company
would no longer fund the litigation –
proceeding including claims and
counterclaims was fully settled by S and
Hats in mid Dec 2009 under settlement
agreement (2009 settlement agreement)
which provided for Hats to pay Opus
$1.4M in instalments to be paid to
respondent in reduction of assigned debt
owed to Opus – prior to settlement 2nd
appellant director of related Opus
company (also party in proceeding) had
sought copy of proposed settlement
COUNCIL BRIEF CROSSWORD
agreement and related legal advice to
consider whether he could give
requested consent to the settlement – S
did not respond to the letter but instead
removed 2nd appellant as director which
required amendment to company
constitution, replaced him with W (who
disclosed personal interest in
transaction) and settled Hats litigation –
respondent subsequently made demand
for sums exceeding $3.5M in respect of
Opus and Fibroin debts and issued
summary judgment proceeding in Feb
2010 – detailed proof of quantum only
provided in reply affidavit amending
sum claimed to approx $2M after
adjustments for payments made –
attached spreadsheet recorded total sum
of $1.4M paid under Hats settlement –
appellants self represented until just
before HC hearing and request for
adjournment by newly appointed
counsel declined – summary judgment
entered in Jul 2010 on basis sum
received under the settlement had been
taken into account, appellants had not
adduced evidence suggesting outcome
of settlement gave rise to a defence and
that complex and expensive litigation
was settled as part of receivership
❑ Continued page 7
Will Notices page 8
in this issue
You can use this diagram for either the Quick or Cryptic Clues, but the answers
in each case are different. This month’s solutions are on page 2.
Cryptic Clues
ACROSS
1. Agreement prepared for conveyance, we
hear (4)
3. Sidesman? (8)
8. A complete defeat for the rabble (4)
9. Taking part in industrial unrest is
attractive (8)
11. Frustrated - having been relieved of
office? (12)
13. Trim the conifer (6)
14. Some of the doctored rum-punch put
back to cause fatal results (6)
17. Would their activities end with a matingcall? (5-7)
20. Deliberate destruction of red coins (8)
21. Convivial association for the driver (4)
22. Opposed changing into a dress-tie (8)
23. What artists do to create an attraction (4)
DOWN
1. A delightful place to be is in a public
promenade (8)
2. The kind of weight for one that sails into
the fight! (7)
4. Gesture that produces court proceedings
(6)
5. Describing the sort of figure that is
eternally intriguing? (10)
6. Something that sticks in the back (5)
7. Not far from endless darkness (4)
10. Unearthly clothing to fit in the gaps (5-5)
12. Weapon to reach the other side of the
arch (8)
15. He stays permanently healthy in
revolutionary uprising (7)
16. A field of activity for a planet (6)
18. Among the smooth and silvery palms (5)
19. Mark shows unending alarm (4)
Conferences
December 4 2012 – Drink and Drugged
Driving Law, Stamford Plaza, Auckland.
www.lexisnexis.co.nz/media/events
December 10-12 2012 – Receiving Laws/
Giving Laws, ANZLHS (Australia and NZ
Law and History) Conference, UTS, Sydney.
www.uts.edu.au/Research/conferences/
receiving_laws.html
March 12-13 2013
27th Annual Industrial and Employment Relations Summit, Wellington.
www.conferenz.co.nz
April 14-18 2013 – Commonwealth Law
Conference, Cape Town, South Africa.
Commonwealth Lawyers Association.
www.componwealthlaw2013.org
May 16-17 2013 – CLANZ 26th Annual
Conference, Napier. www.clanzonline.org
August 19-20 2013 – NZ Legal Executives
Conference, Rydges Hotel, Wellington.
[email protected]
October 6-11 2013 – IBA Annual Conference,
Boston, USA. www.ibanet.org/Conferences
Quick Clues
ACROSS
1. Helps (4)
3. Scatter (8)
8. Sort (4)
9. Beginning (8)
11. Orders (12)
13. Essence (6)
14. Eraser (6)
17. Sweat (12)
20.
21.
22.
23.
FEBRUARY
COUNCIL BRIEF
DEADLINE
22 January 2013
MA
DESIGN
Dexterously (8)
Irritation (4)
Pleases (8)
Minus (4)
m
1 Using the numbers 1-9 only
once, work out the numbers of
the blank cells.
4
12
22
5
15
3
27
DOWN
1. Achieved (8)
2. Lay down (7)
4. Whole (6)
5. Special (10)
6. Rule (5)
7. Brink (4)
10. Objecting (10)
12. Ditches (8)
15. Fragile (7)
16. Requisitioned quarters
(6)
18. Incorporate as member
(5)
19. Attack (4)
Answers: See page 7
2 It is white’s turn to move.
What should white do?
!!!!!!!!"
?^$
>$
=$
<$
;$
:
$
9$
8
$
%@ABCDEFG'
© Mark Gobbi 2011
Level 1, 4 Bond Street (North)
PO Box 10610, Wellington
New Zealand
Ph (64 4) 471 0117
Fax (64 4) 471 0170
Email [email protected]
Council Brief Advertising
[email protected]
COUNCIL BRIEF, DECEMBER 2012 – Page 3
NEWS
Women in leadership – journey to the top
By Sue Shone
By Georgina Rood
PRACTITIONERS had the
opportunity last week to hear from
two women in leadership positions
talk about their professional
journey.
The Hon Justice Lowell
Goddard of the High Court, and
Amanda Ellis, Deputy Secretary of
the International Development
Group at the Ministry of Foreign
Affairs and Trade, spoke candidly
about their experiences to around
80 guests at an event organised by
the NZLS Wellington Women-inLaw Committee.
Both speakers emphasised the
importance of networks and
mentors, and offered guidance on
common challenges faced by
women in the workplace.
Justice Goddard spoke about her
35 years in the profession, from
completing law school as a young
mother through to becoming one of
the first women to take silk, and
eventually to becoming the first
woman of Maori descent to be
appointed to the High Court bench.
Her Honour urged guests to find
their niche in the law and to take
risks when opportunities present
themselves. Justice Goddard
emphasised the importance of
learning from more experienced
members of the profession, and
spoke about the influence of her
own mentors including Dame
Sylvia Cartwright and the late John
Haigh QC.
Ms Ellis spoke about the varied
roles she has held during her career
as an economist including at
MFAT, Westpac, and as Lead
Specialist in the Poverty Reduction
and Economic Management Group
at the World Bank. Ms Ellis
encouraged guests to find their own
passion, voice, and way of doing
business. Ms Ellis had three tips for
achieving fulfilment in work: first,
figure out what aspect of your work
life is your ‘career anchor’ which
you can’t do without (for example
independence, security, or public
service); second, figure out what
you are good at which you also find
enjoyable; and third, find a
workplace whose core values
match your own.
This was the final event of the
year from the Women-in Law
Committee, who would like to
thank Chapman Tripp for their
generous sponsorship of the
evening. Thanks also go to our two
inspiring and approachable
speakers.
Book Review – ‘The Book Thief’ By Markus Zusak
IF you are anything like me and the
thought of reading another novel
about World War II makes you sigh
and think to yourself, “what
possibly more could be said?” then
please read just this book.
The author, Markus Zusak, grew
up in Sydney raised by parents who
were German citizens during the
war. The stories that they have
passed on to him have influenced
his writing.
This story is essentially about a
young girl called Liesel Meminger,
her best friend Rudy Steiner,
Liesel’s foster parents, Hans and
Rosa Huberman, and a Jew called
Max whom the Hubermans hid in
their basement.
The brilliance of this book is
twofold. Zusak penned the unique
idea of using ‘Death’ as the
narrator. War and death are
naturally linked and seeing those
years unfold from Death’s
perspective makes fascinating
reading. Here is a glimpse:
“I’ve seen so many young men
over the years who think they’re
running at other young men.
“They are not. They’re running
at me.” (pg 189) Secondly, Death
uses colour throughout the book in
ways that make graphic pictures in
the reader’s head that stay with you
long after you’ve turned the last
page. For example Death
describing war-torn Stalingrad:
“In 1942 and early ’43 in that
city, the sky was bleached bedsheet white each morning. All day
long, as I carried souls across it,
that sheet was splashed with blood,
until it was full and bulging to the
earth. In the evening, it would be
wrung out and bleached again,
ready for the next dawn.” (pg 115)
The beauty of this book is its
simplicity. The characters are
everyday people living in
Germany, what they did and felt.
This book emphasises that it is the
small moments in our lives that
define us.
These acts of kindness, support
or meanness can make a difference
in the lives of others. These acts are
magnified in times of war when the
ordinariness of humane acts
become heroic. Do you give a piece
of bread to a starving Jew being
marched down the middle of your
street to Dachau and risk a beating
from a Nazi guard?
Do you join a political party with
a manifesto that is repugnant to you
when all your neighbours have,
knowing that your livelihood will
dry up if you do not conform?
Liesel is the “Book Thief” who
Crime and punishment seminar illuminating
uses the power of words to
ultimately save herself when Death
comes for nearly everyone she
loves. Hitler uses the power of
words to mobilise his people and
Max uses Mein Kampf on the train
to aid his escape into hiding. This
irony is not lost on the reader.
The Christmas break will be on
us all before we can blink. So do
yourself a favour and ask the white
bearded old boy to leave this book
in your stocking.
❑ Reviewed by Melanie Jones.
Republished with permission from
Canterbury Tales.
Law graduate
CV scheme
THE scheme to assist law graduates into work is still being operated by the Wellington Branch.
Law graduates seeking work
leave their CVs at the Society.
These are available to potential
employers needing staff who can
refer to the CVs and choose appropriate graduates.
The work offered need not be
permanent. Any work in a law
office will give graduates valuable experience that may be
helpful to them next time they
make job applications.
LEGAL WORD PROCESSING • SECRETARIAL SERVICES
Typing pleadings • Opinions • Correspondence
JUDGE Lovegrove began his lively and fact-filled presentation last week by
transporting us to Oxfordshire, where his great-grandfather Benjamin
Shadbolt and three brothers narrowly escaped execution. Sent instead as a
convict to Van Diemen’s Land, his fortunes shifted remarkably and Mr
Shadbolt became a successful businessman and landowner in Akaroa.
This bold illustration of stark example of the triumph of rehabilitation
over punishment set the scene.
Judge Lovegrove argued that relentless punishment simply does not
work. He recounted some of his own school experiences of witnessing
pointless and often cruel punishment, contrasting these with more
illuminating instances of compassionate and successful treatment of
students.
Punishment need not follow crime as predictably as night follows day.
Always to the fore is the notion that there are better and more benevolent
ways of proceeding.
Judge Lovegrove’s insights come from a breadth and depth of national
and international experiences as a practitioner, law lecturer, academic,
publican, judge and most recently as a New Zealand Parole Board panel
convenor.
His journeys in life and law have been global, taking in Ethiopia, where,
as a young man he witnessed a public hanging, to exotic and fascinating
locations in Malawi, Geneva, Reading and Hong Kong.
Attendees were delighted and amused to view a photograph of a youthful
Judge Lovegrove seated alongside a similarly young John Miller and none
other than Lord Denning – all colleagues teaching law in Hong Kong.
We were promised a glimpse into “thoughts on the legal profession and a
life enjoyably lived”. Expectations were more than fulfilled and a strong
message emerged. Structured rehabilitation and humanitarian approaches
are superior to punishment.
New titles at NZLS Library, Wellington
Alternative Dispute Resolution, Sydney : Thomson Reuters, 4th ed 2012 KN398.6.K1 SOU
Anti-Money Laundering and Countering Financing of Terrorism Act 2009, Wellington :
New Zealand Law Society 2012 KM540.3.L1 NEW
Australia, Republic or Monarchy? : Legal and constitutional issues
St. Lucia:University of Queensland Press, 1994
Care and Protection Orders and CYFS, Wellington : New Zealand Law Society 2012,
KN176.4.L1 NEW
Case for Court, London: Arthur Barker 1964
Consultation Requirements, Wellington : New Zealand Law Society 2012 KM304.L1 NEW
Courtroom Procedure in New Zealand : a practitioner’s survival kit 4th ed 2012 KN360.L1 ODO
Disqualification for Bias, Sydney : Federation Press 2012 KL240.3 TAR
Employment Law Conference : Good Faith, Wellington : New Zealand Law Society 2012
KN192.L1 NEW
Estoppel by Conduct and Election, London: Sweet & Maxwell 2006 KN384.4 AI HAN
Fundamentals of Trial Technique, Sydney : Thomson Reuters, 3rd Australian ed 2011
NZLSL WEL
Guest on the Law of Assignment, London : Sweet & Maxwell 1st ed 2012 KN102.2.A1
GUE
Laughter at Law, London, A. Barker 1961
Limitation Act Handbook, Wellington : LexisNexis 2011 KN355.L1 COR
No Bail for the Judge, London: Michael Joseph 1952
Reputation Matters: a Practical Guide to Managing Reputation Risk
Auckland : CCH New Zealand 2012
Residential Tenancies : the Law and Practice Wellington: Butterworths
4th ed 2012 KN90.L1 GRI
Risk Management for Boards Wellington : New Zealand Law Society
2012 KN264.L1 NEW
The Best Man Who Ever Served the Crown?: a life of Donald McLean
Wellington: Victoria University Press 2007
The Constitutional Implications of MMP
Wellington: School of Political Science and Industrial Relations,
Victoria University of Wellington 1998
Youth Justice in New Zealand Wellington : Brookers 2012
Youth Justice Practice Issues : An Update Wellington : New Zealand Law Society 2012
KN176.L1 NEW
Transcribing hearings, arbitrations, interviews
Concept Secretarial has the facilities to receive and transcribe
digital voice files via email
CONCEPT
Criminal, Traffic Accident Investigations
File/Case Analysis
Secretarial Services Limited
LEVEL 14, 89 THE TERRACE, WELLINGTON
Telephone (04) 473-0277
Email: [email protected]
Fax (04) 471-0672
TELEPHONE 021 663 236
WELLINGTON: PO BOX 30080, LOWER HUTT, NEW ZEALAND
CENTRAL NORTH ISLAND: PO BOX 7168, WANGANUI, NEW ZEALAND
E-MAIL: [email protected]
[email protected] WEBSITE: www.paulbass.co.nz
Page 4 – COUNCIL BRIEF, DECEMBER 2012
GREG KING
Gregory James King 17 September 1969 – 2 November 2012
❑ Phil Mitchell
❑ Judith Ablett-Kerr ONZM QC
I WAS delighted when I was invited by Greg to join him in chambers in
late 2009. I spent the next two-and-a-half years working with him, his
wife Catherine, Chris Stevenson, Liz Hall and Mike Kilbride, in Denning
Chambers.
Greg and I did a number of trials together. He was a complex and
multi-faceted character. I would describe him as being one of the most
intensely private / but extremely public, people I have ever met. He was a
gifted orator, as well as being a friendly, intelligent and very generous
man.
He also had a sense of humour; whilst working with him in the
‘Maketu’ trial of 2010, Greg put to an elderly Kaumatua that he was a
respected Tohunga (spiritual healer). The Kaumatua replied, “Some may
say that, but the kumara never speaks of how sweet it is”, to which Greg
quipped, “The opposite of your typical defence lawyer then.”
Like everyone, I was shocked and deeply saddened to hear of Greg’s
passing. My thoughts, and those of my family, are with Catherine, Pippa
and Millie.
GREG KING was a colossus of the criminal bar. He had the gift of a
brilliant legal mind which he used with superb skill to serve the ends of
justice. His legal legacy is enshrined in the Law Reports of New Zealand,
in the archives of the electronic and printed media and in his many erudite
submissions to Parliamentary Select Committees and the like.
Greg was all of the above but he was also much more. He was a very
special human-being. He was a compassionate man who could empathise.
His heart was large and there was always room for a colleague who
needed a hand or some inspiration. He was a loyal and generous friend to
many. His hospitality was legend!
Greg was woven into the fabric of my life for nearly 20 years. We
shared a passion for the law and the pursuit of justice that drove us on
even through the most difficult of trials. There was no-one better to have
at your side than him.
I was immensely proud of Greg and took great joy in his achievements.
His death has brought a deep sadness and the loss is immeasurable.
❑ Chris Stevenson
❑ Mike Antunovic
I SHARED chambers with Greg and
Catherine for five years. During that
time Greg and I worked on many cases
together including murder trials and
appeals, and a full Privy Council
appeal (Greg’s typical generosity
resulted in my prized gown bag he
bought me during the trip to London).
Greg really liked a laugh. The work
undertaken by defence lawyers can be
toxic. But Greg always had the ability
to take the sting out of the latest heavyduty case with a joke, some hilarious
observation, and sometimes even a
song. All against the backdrop of the
inevitable anguish of responsibility
defence lawyers endure. I was
constantly amazed by the speed at
which Greg could reduce enormous
amounts of information to the
important issues.
And his mind could be very, very
quick. I recall attending the inaugural
Innocence Project conference in
Wellington. An American DNA expert
was talking to the conference, which
included some of the country’s top
scientists, about recent developments
and errors in DNA interpretation. He
posed a question to the audience,
which to most must have come across
as an impenetrable riddle. Quick as a
flash, Greg answered, correctly. I
recall gazing around the room and
catching the shocked faces of the
gathered scientists, and the speaker.
Greg was chuckling away.
Greg was a trailblazer in so many
areas at the defence bar. He and
Catherine were a great team. He is
missed.
GREG and I went to the Privy
Council twice, and I enjoyed his
company immensely. I have never
met anybody with such enthusiasm
and appetite for work.
In my view, nobody has or ever
will achieve what Greg did in such
a short time in the criminal law.
In my view he is a legend.
❑ Liam Collins
FOR almost 18 months, Greg King
was my mentor, but more
importantly, he was my friend. He
is sorely missed.
❑ Karina Sagaga
WHEN I started practising as a young
solicitor, Greg was a well-known and
respected senior criminal barrister –
and he was only a few years older than
me!
I remember at the duty solicitor
training programme I attended, Greg
was one of the barristers observing and
testing trainees. Part of the training was
to conduct six hearings on a list day.
One of my hearings was a plea in
mitigation before then Judge Frater. I
cannot recall the exact details of the
case but it was a minor offence. When
the Judge asked what sentence I would
propose all I had in my head was the
maximum penalty that I had read in the
Police Disclosure/Statement! I knew
that was not an option. I also knew that
this defendant had been there before so
❑ Mark Wilton, President Wellington Branch NZLS
The tragic death of Greg King is
marked here and on pages 5 & 6
with comments and memories
from colleagues and friends.
a s.19 and a s.20 (back in the day)
weren’t options either. I was trying my
hardest to think what is that other one?
What is s.21?! And like a shepherd
watching over his sheep (me being the
sheep), there was Greg sitting across at
the other table whispering, “Karina, a
sentence to come up if called upon”. I
repeated those words to the Judge and
she smiled and replied, “Yes I think
that is an appropriate sentence Miss
Sagaga.” I have never forgotten that
sentence again.
Greg always had the time and
patience to teach. He knew so much
about the law and was passionate about
it. He was a great mentor.
My prayers and love to Catherine
and the girls.
Alofa tele atu
❑ Stephen Franks
I’VE tried hard to think of a
consolation for us in losing you –
and can find none.
Your cheerful acceptance of the
legitimacy of victims’ concerns,
and of the Sensible Sentencing
Trust’s championing of them, was
comfort for them all. Your
patience, courtesy and sustained
support in turn made it easy for
them to accept your diplomatic
guidance.
Perhaps taking over their
burdens added to yours. You made
us feel it was fun for you, and
satisfying. But perhaps you saw
just too much that needed doing.
Perhaps you could not see how to
fit in all the fun and duty everyone
came to expect.
It is not true that we are all
replaceable – we can see no-one to
fill your role.
Thank you…
Defence counsel and court officials after the ‘Makatu’ case in 2008: from left: Steve Winter, Carrie Parkin,
Sarah Antunovic, Mike Antunovic, Paul Paino, Court Cryer John Conley, Court Registrar Sarah Perano,
Letizea Ord, Gretel Fairbrother, Greg King, Phil Mitchell and Val Nesbit.
THE Wellington Branch of the
New Zealand Law Society is
deeply saddened by the sudden
loss of Greg King.
Greg’s contribution to our
profession was enormous at both
local and national level.
He was a highly skilled trial and
appellate advocate who left no
stone unturned for his clients.
Greg was immensely passionate
about the law and always focused
on justice.
He often summed up his
approach in the words of Martin
Luther King “injustice anywhere is
a threat to justice everywhere”.
Our thoughts are with Catherine
and the girls.
❑ Toli Sagaga and the Sagaga family
I FIRST met Greg in July 2004 for a
job interview at his office in Lower
Hutt. I had been in private practice
in Hawke’s Bay and was looking to
move back home to Wellington.
Prior to that, I had never heard of
the man. When considering
whether to apply for the position, I
asked my older sister if she knew
who Greg was; and whether I
should apply. She said Greg King
was one of the best criminal
lawyers in town, and that I might as
well give it a shot.
It was a Saturday morning and
both Greg and Catherine were in
the office and it was a pretty
relaxed interview. I was hopeful
but was definitely surprised when
Catherine rang offering me the
position. I accepted straight away.
It was not until I told colleagues
in Hawke’s Bay that I realised who
Greg King really was. My
receptionist brought into work the
North and South magazine article
“King of the Court” by Mike Smith.
She said, “Wow Toli, I think you
struck gold. Does this mean we will
be seeing you on telly soon too?” I
was thinking, “Yeah right.”
When I started working for
Greg, a couple of the many cases
they were working on included a
Privy Council appeal and a murder
trial where the father was accused
of killing his seriously ill daughter.
I was petrified. I accepted that I
would probably not last long before
I got the boot, but I would give it
good go.
I wondered why this high profile
criminal
barrister
known
nationwide had not set up chambers
in the “Big City”. Greg told me
when he first arrived in Wellington
he was told there were plenty of
criminal lawyers in Lower Hutt so
don’t bother setting up shop here.
Wrong answer. Never tell Greg he
can’t do something, because he will
prove you wrong, and you usually
suffer when he does.
❑ Continued page 6
Toli Sagaga and her brother Vatau at a 10kms run in Brighton on 18 November
wearing tee-shirts labelled ‘Running in memory of Greg King, King of the Court’.
COUNCIL BRIEF, DECEMBER 2012 – Page 5
GREG KING
❑ Elizabeth Hall
I MET Greg when I started
working for Judith Ablett Kerr QC
in 1997. Greg, Catherine and I
became firm friends and I joined
their chambers eight years ago. So
much has been said about Greg in
the last three weeks – Mike
Antunovic said to me that Greg was
a legend. That’s the best word I can
find.
Greg was generous – with his
knowledge, his skills, his time and
his emotion. If you were in the
middle of a trial and needed to run
an idea past someone, it was Greg
that you rang. If you were awake in
Justice Williams addresses
Greg King at Des Deacon Dinner
1ĿUHLUDHNRUHHPLPLWLWHDURKDNLDNRHHNRUR
+HWĿWDUDUăNRH+HWĿWDUDKDHPDWDHWDNRWRDQDNHLWHSDSDRWH
QJDKHUH
2XUJULHIIRU\RXQRZRXUHOGHUZLOOQRWGLPLQLVK<RXDUHDWRWDUD
WKDWKDVIDOOHQWRWKHÁRRURIWKHIRUHVW
0HNDWăHDHWHNXSXWHăWDDKXDRWHNĿUHURWHWLNLDWXLDNRH
.HLNRQHLNDWRDRĿKRDKHLZKDNDWDNRWRLQJăPLKLNLUXQJDLDNRH
PăKDXKHLWLNL(QJDULNăRUHHWăHD
,ILWZHUHSRVVLEOHZLWKEHDXWLIXOZRUGVWRIHWFK\RXEDFNWKHQ\RXU
FROOHDJXHVDUHKHUHDQGWKH\KDYHDOOWKHEHDXWLIXOZRUGVLQWKHZRUOG
%XWWKDWLVQRWSRVVLEOHDQ\PRUH
+HRLDQĿPHXWXDNHD5RLPDWDPHXWXDNHD+XSH
.LDPDULQJLQRDNLUXQJDNL3DSDWDSXHWDNRWRQHLNLDNĦLDNXDHD
7ăWRXWĿZDKDNĿUHURWĿNDQRKLRUD
$OOZHFDQGRLVVKHGWHDUVLQWKHSODFHVZKHUHZHJDWKHULQ
UHPHPEUDQFHRI\RX:HZKRDUHOHIWDUH\RXUOLYLQJIDFHV\RXU
VSHDNLQJPRXWKV\RXUHDUWKO\UHPDLQV
1ĿUHLUDKDHUHHNRURKDHUHKRDWX
)DUHZHOOIDUHZHOO)DUHZHOOEURWKHU
the middle of the night trying to
remember the name of a case or
some dictum that you had read
somewhere years earlier, it was
Greg you would call in the morning
and he’d know instantly. I once
needed to explain to a jury why my
client had pleaded guilty to a charge
but now denied his guilt and
maintained he only pleaded for a
lighter sentence and not because he
was actually guilty. Greg delighted
in preparing an expert witness brief
to assist my case. We had a good
laugh at the look on the Crown
counsels’ face as we imagined them
opening the brief and realising they
had to acknowledge Greg as an
expert.
Greg loved cars. When I bought
an old mini and gave it a cherry red
paint job it was Greg who insisted
that I get a set of mags for it. I was
undecided but Greg won the
argument and helped me choose
them. I did what he wanted though
we argued for the next six years
about whether a union jack on the
roof was necessary. As it was my
car I had the final say – no union
jack. Greg believed in celebrating
the good times.
Greg was there when you were
at your lowest of low. It was Greg
and Catherine who got on the phone
and offered their support, practical
and emotional, to so many people
when life delivered a blow. When
my baby died in 2008 it was Greg
who rushed to the hospital and cried
with me.
Greg had a way of making
everyone feel important. He made
time, no matter what was going on,
to ask how things were and what
you’d been up to. He was a rare
being – his capacity for work, for
enjoying life was enormous. You
could count on Greg through thick
and thin.
He had the most extraordinary
collection of friends and it was
always fascinating turning up at his
house unannounced (there was no
other way to turn up!) and being
delighted to learn who he had
invited home. I’m not sure
Catherine was always as thrilled
with the unannounced parties of 20
or 30 who would assemble, usually
at dinner time!
It wouldn’t be complete to write
about Greg without including a
word or two about his love for
Catherine and the girls. Greg
simply adored his family – that was
apparent to anyone who spent time
with them – his girls were his
princesses.
I still can’t accept that Greg is
gone and even though I am not
spiritual I don’t actually think he is.
He is with us. Now it’s our turn to
carry Greg as he carried us all.
Greg King and Mike Antunovic on the occasion of Greg’s first appearance
at the Privy Council in London in 2003.
DES DEACON MEMORIAL DINNER
Des Deacon dinner successful
though pervaded by sadness
By Brett Crowley
THE seventh annual Des Deacon Memorial Dinner was another
memorable night, despite the sorrow in the hearts of those attending at the
shocking news of Greg King’s death. Friends and colleagues gathered to
share each other’s company, stories, and memories. We thought of Greg
as Liz Hall spoke movingly about Greg and his family, and we also
remembered other local practitioners who had died during the year.
After dinner Noel Sainsbury introduced our guest speaker, the
Honourable Justice Williams. An otherwise warm and respectful speech
was interrupted when Noel decided to share a musical piece from his
Honour’s earlier life as frontman for the “radical” reggae band Aotearoa.
Sadly, Noel fell under the spell of those groovy sounds, and for a short
while he could do nothing but silently shake his ‘moneymaker’. Order
was restored when Justice Williams rose, thanked Noel briefly, and
reflected on the enormous privilege which had been bestowed upon him
in being chosen to speak at such an illustrious affair.
His Honour then addressed himself to Greg King in words recorded above.
Rennie Gould, Noel Sainsbury, Justice Williams, Val Nisbet and Brett Crowley.
Robin Deacon and Judge Tuohy.
More Des Deacon Dinner pictures on page 8
Mark Wilton, Brett Crowley and Chris Stevenson.
Janine Bonifant, Robert Lithgow QC and Robin Deacon.
Simon Carr, Jo Murdoch and Michael Bott.
John Miller Law: Angela Brown, Kerrin Eckersley, Katty Lau, Ellie Wilson, Charlotte Hollingsworth, John Miller,
Sarah Agnew, Shanelle Lovegrove, Sarah Mann, Maria Bagnall and Lara Caris.
COUNCIL BRIEF, DECEMBER 2012 – Page 6
COMMUNITY LAW CENTRE
Upper Hutt Court closure and access to justice
By Nadine Warbrick, Community Lawyer
Community Law Wellington and Hutt Valley
THE Ministry of Justice confirmed
at the start of October that the
Upper Hutt courthouse and its
associated services will be
permanently closed and will not be
replaced. As the legal profession is
aware, Upper Hutt District Court
lists will continue to be run from
the Lower Hutt courthouse until
operational mergers occur. We are
told all changes to the new “Hutt
Valley District Court” are to be in
place around April 2013.
Likely changes include:
• A complete merging of the
Courts by April 2013 (this
means joint Court ‘list’ days, no
longer operating as separate
districts).
• Centralised court administration
services.
• A call centre with an 0800
number for initial information
relating to hearings.
• Renovations for the Lower Hutt
courthouse (increased security
and separate entries and exits for
victims and witnesses).
• Increased use of technology
(such as audio-visual links with
Rimutaka Prison, reducing
demand on transportation
resources and increasing
available spaces in the courthouse cells).
We have already seen in the
media comments made by
professionals as well as by court
users about how the closure directly
reduces access to justice in Upper
Hutt by removing local resources
and not replacing them with
adequate alternatives. At recent
public meetings in Upper Hutt and
Lower Hutt, members of the legal
profession,
justice
sector
representatives and community
service providers also discussed the
proposed changes. The Ministry of
Justice confirmed that they will not
replace resources or services in
Upper Hutt and neither will they
provide resources to contribute to
the efforts of others in the
community to do so. In short, there
will be no satellite court or
Ministry-funded court-related
services provided in Upper Hutt.
The Upper Hutt community are
already feeling the burden and have
raised their voices and concerns
throughout the process. Some
common issues and complaints are
already emerging, such as:
• The expense of travelling to
Lower Hutt District courthouse
from Upper Hutt – in particular,
those on a benefit cannot find
extra money to travel to and
from court for appearances. For
some clients, the trip involves
transferring from bus to train.
Some lawyers are now giving
rides to clients to the Lower Hutt
courthouse. For litigants living
in suburbs around Upper Hutt,
the trip to Upper Hutt is in itself
significant.
• Defendants not showing up for
appearances, causing adjournments and expensive delays.
Police have said that more
warrants for arrest are being
issued. While some defendants
day.” Now they see criminal law
from a different perspective, and
marvel at how Greg commanded
respect as he fought for justice.
Thank you Greg for giving a
small town Samoan girl, raised
in a working class family in
Wainuiomata, the opportunity of a
lifetime – an opportunity that many
others can only dream of.
It was an absolute privilege and
an honour to work for you, and to
see first-hand a man so passionate
about the law. It was amazing to
observe you applying the law,
challenging the law and changing
the law.
Your passion will no doubt have
been instilled in your girls who will
grow up to be proud of what their
Daddy had achieved in such a short
time on this earth.
You are a wonderful friend
Greg. I will always remember you
for being ruthless with standards
but always gracious with people.
“Like a sunset dying with the
rising of the moon, Gone too soon.”
I will miss you my friend.
Manuia lou malaga. (Blessed
journey). Alofa tele
❑ From page 4
❑ Toli Sagaga
I worked for Greg for three years
nine months. In that time I had the
privilege to observe and assist the
“King of the Court” at work. Greg
had a huge reputation, and when I
was communicating with police,
clients, courts and fellow
colleagues all I had to say was “Hi,
I work for Greg King”, and
immediately I would have their
respect.
I was very fortunate to junior
Greg on murder trials, successful
Court of Appeal cases, right up to
the Privy Council in London. It
wasn’t all glory and there were
times I am sure Greg wanted to fire
me, and admittedly, there were a
couple of occasions I wish he had,
but I got over it. You just had to roll
with the punches. Greg was the
definition of Effort Brings Reward
(my Wainuiomata College motto).
My family and friends were very
proud that I was working for Greg
and would always look out for Greg
on the news. When I moved to the
UK, Dad kept me updated and
would say very proudly, “I saw
your old boss on the news the other
Greg King at the Privy Council in July 2008 with Toli and Felix Geiringer.
Level 1, 4 Bond Street (North)
PO Box 10610, Wellington
New Zealand
Ph (64 4) 471 0117
Fax (64 4) 471 0170
Email [email protected]
think this makes it easier to get a
ride to Lower Hutt with the
Police, they still struggle to find
ways to get back to Upper Hutt.
• Increased arrests also mean that
defendants are being brought to
court without their wallets, cell
phones and even shoes, and with
no obvious means of getting
home. Police are using precious
resources, when those resources
could be better used on other
priorities.
• Lawyers from Upper Hutt are
now being called on far more
often to take affidavits. This puts
pressure on their already busy
schedules. Some of the Justices
of the Peace are already
providing extra clinics or are
making themselves more freely
available – stepping into a gap
which until now had been
provided for, and funded, by the
Registry.
• Upper Hutt lawyers, once used
to skipping across the road to
court, are now having to find
temporary space in Lower Hutt
to work from in-between Court
appearances. Upper Hutt
lawyers are no longer receiving
the same service from the court,
as they can no longer liaise faceto-face with Upper Hutt court
staff.
• It has become harder for those in
Upper Hutt to file documents,
especially with urgency (such as
Protection Order applications).
Even though some Family Court
or
Disputes
Tribunal
applications can now be filed
online, a great many members of
the Upper Hutt community don’t
have access to the internet. Court
users often go to the most
accessible internet, at the Upper
Hutt library, but staff at the
library are not legal advisers and
cannot adequately show people
how to access legal information
and assist clients to complete
court
applications
or
documentation.
• The Upper Hutt citizens advice
bureau and other lay community
organisations are also having to
provide initial legal information
(such as what forms to use) and
to assist in filling out court
applications or response
documents. They sometimes
find this understandably
challenging.
Other issues caused by merging
the two courts have also been
identified by the community,
including:
• The loss of local, community
and institutional knowledge, and
appropriate local responses, for
Upper Hutt court users.
• Increased pressure on free
community-based services to
increase availability and hold
more legal clinics (particularly
community law centres, the
CAB, and justices of the peace).
If these organisations and
providers are not properly
supported, the community
predicts a general decrease in
access to justice.
• Stressed court staff during the
transitional phase, with job
losses and increased demand a
certainty.
• Confusion among court users
(both professionals and court
clients) if the operational merger
is not transparent and
information is not easily
accessible.
How will the community
respond?
Community Law Wellington
and Hutt Valley is very concerned
at the gap in court services no
longer provided at the doorstep of
Upper Hutt residents. Although the
responsibility for these services lies
with government, community law
nevertheless wants to provide more
support to court users and
community providers in Upper
Hutt. Community law will continue
to advocate for increased access to
justice, and will aim to support the
Upper Hutt community to provide
more assistance in this, without
extra funding or resources.
Traditionally, community law
has provided only one outreach
clinic a week to the Upper Hutt
community. We currently hold a
free legal clinic at the Upper Hutt
library, every Monday 2-3pm. We
also hold regular clinics at
Orongomai Marae on the first
Friday of every month, 12pm-1pm.
We are looking to expand our
presence in Upper Hutt, but this
will require a careful evaluation of
how to best distribute our most
precious resources: staff and time.
We will also offer free training
to other community providers, such
as the CAB, to help their volunteers
upskill and become more confident
in responding appropriately to
assistance requests from court
users.
❑ Continued page 7
PRACTISING WELL
Chaplain, Julia Coleman, 027 285 9115
Council Brief Deadline February 2013 issue:
Tuesday 22 January
Page 7 – COUNCIL BRIEF, DECEMBER 2012
NEWS
COUNCIL BRIEF
The monthly newspaper of the
Wellington Branch NZ Law Society
Advertising Rates: casual or contract rates on application. Telephone Robin
Reynolds, Reynolds Advertising, Kapiti Coast (04) 902 5544, e-mail:
[email protected]. Rates quoted exclude GST.
Advertising Deadline: for the February 2013 issue is Tuesday January 22, 2013.
Circulation: 3150 copies every month except January. Goes to all barristers and
solicitors in the Wellington, Marlborough, Wairarapa, and Manawatu areas. Also
goes to many New Zealand law firms, to law societies, universities, judicial officers,
and others involved in the administration of justice.
Will Notices: $57.50 GST inclusive for each insertion.
Subscriptions: Annual subscription $46.00 incl. GST. Extra copies $5.00 each.
Subscription orders and inquiries to: The Branch Manager, New Zealand Law Society
Wellington Branch, P.O. Box 494, Wellington.
Editor: Chris Ryan, telephone 472 8978, (06) 378 7431 or 027 255 4027
E-mail: [email protected]
Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor.
Council Brief is published for the NZ Law Society Wellington Branch
by Chris Ryan, and printed by APN Print, Wanganui.
Lifeline Counselling has a team of qualified professional counsellors
experienced in working with clients across a broad range of issues.
Our high-quality confidential service can help with day-to-day issues such
as: stress, anxiety, burnout, depression, relationship issues, grief, trauma
and addiction.
All our Counsellors are qualified to Masters level and are members of the NZ
Association of Counsellors.
For New Zealand Law Society members and families we are offering a
discounted rate:
$110 based on a normal 60min session
Currently this Face-to-Face service is only available in person in the Auckland
region. Other regions will be introduced throughout 2013.
Skype Face-to-Face counselling applies throughout New Zealand.
Please contact Lifeline Counselling on
❑ From page 2
LINX case – Symons v Wiltshire
enforcing security by experienced barrister when Opus could not fund the litigation
without shareholder support -– 2009 settlement agreement never disclosed by
respondent interests notwithstanding requests by appellants for relevant information
relating to quantum prior to summary judgment and concern regarding non disclosure
and opportunity for fresh evidence concerning terms of settlement given by CA
following hearing – summary judgment upheld by CA however on basis further
affidavit by W containing information concerning settlement that all sums paid to W
had been taken into account and judgment should not be denied on basis quantum had
not been properly calculated - issue of non disclosure and possible “side-deal” with W
interests first squarely raised on appeal in SC - approved question whether summary
judgment ought to have been entered despite non disclosure of 2009 settlement
agreement – offer by respondent towards end of hearing to produce settlement
agreement on terms as to confidentiality declined by majority of SC given late timing
– Herron v Westpac New Zealand relied on by minority –
HELD: (Elias CJ, Tipping and William Young JJ) non disclosure of 2009 settlement
was strange – details of settlement not made available to liquidator or to 2nd appellant
who remained in control and management of related Opus company until his removal
on 18 Dec – practical requirement to disclose proposed settlement agreement to 2nd
appellant avoided by steps taken to remove him – proposed settlement agreement not
confidential in relation to 2nd appellant prior to removal and withholding of agreement
from 2nd appellant who was also counterclaim defendant and party also strange –
2009 settlement collateral to present claim but non disclosure unexpected (settlement
fundamental to dispute, not all Hats payments received when proceeding commenced
and withholding agreement contributed to incorrect claim initially, production of
agreement would have been reasonable response to 2nd appellant’s complaint about
lack of detail and failure to produce agreement or further details left evidential lacuna
identified in CA and respondent declined to produce agreement even after concern
made explicit following leave to appeal by SC) – late particularisation of argument of
considerable concern but less significant due to other considerations including refusal
of details regarding agreement and self representation until HC hearing and refusal of
adjournment – respondent has plaintiff failed to establish there was no defence to
summary judgment by withholding of settlement agreement and make out case for
summary judgment under R12.2(1) High court Rules – judgment a considerable
indulgence given untenable defences advanced by appellants in HC and late raising of
argument – recognition that settlement agreement would no provide arguable defence
- respondent to have opportunity to renew application to HC for summary judgment
once disclosure made – result: – (i) leave to appeal extended to cover indebtedness of
Fibroin; – (ii) appeal allowed; – (iii) summary judgment set aside; – (iv) directions in
relation to rehearing of summary judgment application in HC once settlement
agreement disclosed; – (v) awards of costs in HC and CA set aside – no costs awarded
in this Court
(McGrath and Chambers JJ dissenting) appeal should be dismissed – HC and CA
correct in entering judgment and dismissing appeal – speculative side deal not before
CA – possible defence mere speculation and imputed dereliction of duty on part of S
who had deposed to exercising obligations as receiver “in good faith and for proper
purpose” and not had opportunity to respond to new allegations – indulgence to
appellants inappropriate when matter raised for first time in this Court and appellant
was not given indulgence of producing agreement as offered.
Council Brief Advertising
[email protected]
[email protected] or phone 09 909 8750
Crossword Solutions
NZ Law Society – Wellington Branch
From page 2
Cryptic Solutions
Staff Directory
Across: 1 Pact; 3 Partisan; 8 Rout; 9 Striking; 11
Disappointed; 13 Spruce; 14 Murder; 17 Chessplayers; 20 Consider; 21 Club; 22 Resisted; 23 Draw.
Branch Manager: Catherine Harris
Receptionist: Briar Wood
Administrator: Claudia Downey
Technical Services Librarian: Liz Oliver
Library Assistant/LINX: Julie Kirkland
Down: 1 Attained; 2 Deposit; 4 Intact; 5 Particular;
6 Reign; 7 Edge; 10 Protesting; 12 Trenches; 15
Brittle; 16 Billet; 18 Enrol; 19 Raid.
Website: www.lawsociety.org.nz
NZ Law Society Library, Wellington
Phone: 04 473 6202
Fax: 04 471 2568
email: [email protected]
DESIGN
m
Answers for puzzles from page 2
1
4
2
12
1
22
5
15
3
8
7
27
6
9
Quick Solutions
Librarian: Robin Anderson
Research Librarian: Barbara Keenan
Email: [email protected]
MA
Down: 1 Paradise; 2 Cruiser; 4 Action; 5 Triangular;
6 Spine; 7 Nigh; 10 Space-suits; 12 Crossbow; 15
Dweller; 16 Sphere; 18 Hands; 19 Scar.
Across: 1 Aids; 3 Disperse; 8 Type; 9 Starting; 11
Instructions; 13 Entity; 14 Rubber; 17 Perspiration;
20 Adroitly; 21 Itch; 22 Delights; 23 Less.
PO Box 494, Wellington
Phone: 04 472 8978
Fax 04 471 0375
THE WIZARD OF ID
2
1 Bf4 Qc5 (if 1…QxBf4 then 2
QxBe7#) 2 d6 wins (if 2…cxd6
then 3 QxBe7#; if 2…Qxd6 then 3
BxQd6; if 2…Qf6 then 3 Bxg5)
FEBRUARY
COUNCIL
BRIEF
DEADLINE
22 January 2013
❑ From page 6
Community law
comment on court
closures
In broader developments, there
is also a genuine interest among
police and local community-based
organisations to look at high
quality
restorative
justice
programmes and community
justice panels for the Hutt Valley.
This could be an opportunity to
push for local alternatives which
might also be more constructive for
all participants. The Police are
consulting on using restorative
justice in the Hutt Valley with the
Ministry of Justice, Department of
Corrections and Probation
Services, and Community Law will
certainly look to be involved in any
collaboration that eventuates.
Nationally, Community Law is
very concerned at the declared
intention to close other small and
rural courts without providing
adequate alternative services, and
we believe that the problems
happening for the Upper Hutt
community will be replicated
throughout the country. Costcutting must not be allowed to
reduce access to justice. Access to
courts is access to justice in a very
concrete sense. The vulnerable
communities the courts serve and
involve need access to the courts in
order to have confidence in them.
Reducing access is never the best
way to improve justice outcomes
for our vulnerable and isolated
communities.
If you have ideas about how
Community Law can assist in
bridging the gap to achieve
increased access to justice, please
do not hesitate to let us know.
Contact [email protected] (04)
568 0174.
COUNCIL BRIEF, DECEMBER 2012 – Page 8
APPOINTMENTS
WANTED TO BUY PRACTICE
WILL
SENIOR STAFF SOLICITOR
LOOKING TO BUY SMALL
WELLINGTON PRACTICE
ENQUIRIES
FOR URGENT ACTION
John Gwilliam & Co Limited
Barristers and Solicitors
UPPER HUTT
Our firm is expanding and is seeking to employ a litigator with at least
five years experience in Criminal, Family, and Civil litigation. The
person should preferably have Lead Provider status for Legal Aid in
these areas.
The position requires the ability to work well both independently and in
a team environment with a strong desire to be successful in litigation
work.
As this is a new position the successful applicant will be given every
opportunity to develop their own practice as well as having the support
of other experienced litigators in the firm. The successful applicant
may also be required to undertake some supervision of staff.
This is an exciting time for the firm as we seek to move to a new model
for delivery of legal services in the 21st Century. We would expect any
successful applicant to share our vision of making the law more
accessible to the public.
Written applications, with curriculum vitae and referees, should be
marked confidential and forwarded to our offices at:
John Gwilliam & Co Limited
PO Box 40 457
Upper Hutt
Please contact the solicitors
concerned if you are holding a will
for any of the following:
A well-established provincial law firm is interested in buying
GILDA, Calder
Late of Huntleigh Retirement Home,
221 Karori Road, Karori, Wellington.
Retired. Single. Aged 86.
Born 9 September 1926.
Died at Wellington 7 November 2012.
Public Trust (Michelle Buckley)
PO Box 31446, Lower Hutt
DX RP42084
Tel 04 978 4833 Fax 04 978 4931
[email protected]
a small (one-two person) law firm in central Wellington.
The firm envisages a general practice dealing with
conveyancing, commercial work and trusts etc, not family
law or court practice.
In the first instance please write in confidence to:
Confidential Advertiser # 1
SPARKES, Neville John
Died at Wellington on 4 July 2011.
I R McDonald
PO Box 121, Wairoa 4160
Tel 06 838 8189 Fax 06 838 8917
[email protected]
c/- Wellington Branch, NZ Law Society
PO Box 494
Wellington
Will notices published in Council Brief
for the attention of John Gwilliam or emailed to [email protected].
All applications will be treated as confidential.
Closing date for applications is 13 December 2012.
■ The charge for publishing a will notice is $57.50 including
GST. Please send payment with your notice.
■ Will notices should be sent to the Branch Manager, NZ Law
Society Wellington Branch, PO Box 494, Wellington.
ZHOU, Huo Yen
Late of 17 Robert Street, Wainuiomata.
Died on 17 November 2012.
Chiu & Cain Law (M Chiu)
PO Box 25-247, Wellington 6146
Tel 04 499 8181 Fax 04 499 8188
[email protected]
DES DEACON MEMORIAL DINNER
Michael Bott, Janine Bonifant, Louise Brown, Richard McQuire,
Geneva Lowe, Colin Ross and Megan Boyd.
Robin Deacon, Kate Feltham, and Jock Blathwayt.
Jewelly McVay, Rennie Gould and John Miller.
Lynda Stevens and Amanda Courtney.
Julia Robertson, Sarah Ineson, Clare Murphy, Miriam Menzies
and Sarah Antunovic.
Matthew Ferrier, Jamie Eng and Andrea Ewing.
Sarah McLean, Andy More, Jodi Ongley, Tom Gilbert, Dale La Hood, and Mark Wilton.
Kerrin Eckersley, Maria Bagnall and Lara Caris.