MJY v WLB [2018] NZLCRO 125 (12 November 2018)

Last Updated: 8 December 2018

	LCRO 250/2016 LCRO 251/2016
CONCERNING	applications for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006
AND
CONCERNING	a determination by [Area] Standards Committee [X]
BETWEEN	MJY and VYW Applicants
AND	WLB Respondent
AND
BETWEEN	WLB Applicant
AND	MJY and VYW Respondents

DECISION ADDENDUM / CORRECTION

The names and identifying details of the parties in this decision have been changed.

[1] On 21 September 2018, this Office issued a decision following the applications for review by both parties. At paragraph [79](c) of the decision, Mr WLB was ordered to reduce his fee to $48,931.75 plus GST.

[2] The costs assessor’s recommendation of a fair and reasonable fee for the period prior to Mrs RJY’s death was accepted at $22,560 plus GST.

2

[3] At paragraph [48] of the decision, a fair and reasonable fee for the post death period was recorded as being $30,931.75 plus GST. That calculation overlooked the figure of $7,030 included in the costs assessor’s report, being the fee allowed for administrative work by Mr WLB as trustee. The fair and reasonable fee for this period should therefore have been $37,961.75 plus GST.

[4] Consequently, the figure that should have been recorded in paragraph [79](c) should have been $60,521.75 plus GST.

[5] The decision is amended accordingly.

DATED this 12TH day of November 2018

D Thresher

Legal Complaints Review Officer

In accordance with s 213 of the Lawyers and Conveyancers Act 2006 copies of this decision are to be provided to:

Mr MJY as the first party

Mrs VYW as the second party Mr WLB as the third party

Mr SM as the Representative for the third party [Area] Standards Committee [X]

New Zealand Law Society