Tuesday, 30 March 2010

Big City - A Lawyer Rejoins a Cause That First Gripped Her 70 Years Ago - NYTimes.com

Big City - A Lawyer Rejoins a Cause That First Gripped Her 70 Years Ago - NYTimes.com
Well if I keep going as long as this I may have another period of practice as long as I have had to date. I think it is the cause rather than the money which keeps you going.

Duty of care owed to beneficial owner - Times Online

Duty of care owed to beneficial owner - Times Online
This will be of interest to the many family trusts in New Zealand who own leaky homes. I will do a longer note later but read the article where the English Court of Appeal has recently affirmed that the

" the defendant, in breach of duty damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred."

Saturday, 27 March 2010

Woman who lied on her CV to get an NHS job is jailed for six months - Times Online

Woman who lied on her CV to get an NHS job is jailed for six months - Times Online
British Courts must be tougher than New Zealand. Mary Ann Thompson got 100 hours community work and a $10,000 fine for lying about her PhD. But then Judge Bruce Davidson is a pretty humane sort of judge.

Book Review - Texas Tough - The Rise of America’s Prison Empire - By Robert Perkinson - Review - NYTimes.com

Book Review - Texas Tough - The Rise of America’s Prison Empire - By Robert Perkinson - Review - NYTimes.com
Every politician advocating tougher prison sentences should read this indictment of the Texas prison system, as the extreme end of that sort of policy. And, they have just saved one potentially innocent prisoner from death row, thanks to the Innocence project. Perhaps though a death sentence is a better option than life in the Texas Prison System

Thursday, 25 March 2010

Commerce Commission Website - Real estate agent’s appeal upheld because of new Act

Commerce Commission Website - Real estate agent’s appeal upheld because of new Act
I am not sure I agree with the lenient approach taken by the judge. It is a change for me to support a tougher approach, but if on one hand the court allowed the appeal against the District Court acquittal, but then emasculated the result, it makes nonsense of the intention of Parliament to toughen up real estate agents conduct rules. I think Justice Harrison is doing so for the best of motives-he always has a humane approach, which I applaud. Perhaps this agent was unlucky in being the first and overlapping the change in law. But, he did engage in misleading and deceptive conduct. Should he still be an agent? I think not.

Thursday, 18 March 2010

'Greater good' defence won't work for others - expert - National - NZ Herald News

'Greater good' defence won't work for others - expert - National - NZ Herald News
I have some discomfort with this decision. Various observers have commented that the public dont like spy stations, but somehow the good intentions of the protesters have translated into costly damage-which the taxpayer will pay to repair. The principle appears to be proposed that if you have good intentions or are are "spiritual" or "holy", then this gives you the moral authority to damage something which you dont like. In reality this is no different from suicide bombers or other terrorists. The causal connection between the Waihopi spy station and the Iraq and Afghanistan wars must be thin.

Wednesday, 17 March 2010

Auckland and New Zealand Property - Bob Dey Publishing

Auckland and New Zealand Property - Bob Dey Publishing
Bob Dey's newsletter is a valuable source of commercial property intelligence. In this week he refers to the settlement of the Albany Centre dispute, which is noted for the commercial common sense in the settlement, but also noting that the flirtation with creating leasehold interests appears to be over. The Beaumont Centre in central Auckland is also moving away from leasehold interests, largely because in both cases there is no real commercial value. The real purpose was to clip the ticket on funds moving around-and not to add value to the property or the transactions.

Tuesday, 16 March 2010

The Decider | The New Republic

The Decider | The New Republic
We are very restrained in New Zealand about criticising judges. In the United States they pull no punches. This article about Justice Anthony Kennedy damns him with fairly faint praise.

The Al Qaeda Seven and the Case for Unpopular Clients - WSJ.com

The Al Qaeda Seven and the Case for Unpopular Clients - WSJ.com
This says it all. Why do we take on the hard cases? Read this article.

Jonathan Moses

On 18th July last year I commented on Jonathan Moses, with the hope that he was on someones list. It seems he was, as his recent appointment as a District Court Judge for Manukau was made.
It may not be the easiest posting-even parking is notorious there, but perhaps it typifies the man that he did not choose a softer option. The system seems to work!