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Home / Business

Jock Anderson's Caseload: Mysterious ways of delivering justice

NZ Herald
4 Dec, 2014 08:30 PM8 mins to read

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The High Court in Auckland. Photo / File

The High Court in Auckland. Photo / File

Opinion by

They say what goes around comes around, and so it is for Auckland lawyer Boon Gunn Hong whose excessive suspension from practice has been quashed on appeal by the High Court's Justice Murray Gilbert.

Justice Gilbert says a ten-month suspension imposed on Mr Hong earlier this year by the Lawyers and Conveyancers Disciplinary Tribunal was disproportionately severe.

He quashed the ten month penalty and replaced it with one of four months - which just happened to expire on November 18, the date of his judgment - so Mr Hong should be back at work now.

The judge confirmed Mr Hong's censure and an order he pay $26,121 costs.

Mr Hong - who has been lawyering for more than 24 years, during which time he has had the odd run-in with lawyer disciplinary procedures - was suspended for failing to comply with an order to pay a $1,000 fine and costs of $1,000 to the law society and attend a continuing legal education seminar.

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He had been disciplined three times previously in relation to his professional conduct.

His latest run-in stemmed from advice he gave a client facing eviction from commercial premises for non-payment of rent in May 2009.

At the time, district court judge Lindsay Moore reckoned Mr Hong's advice to his client - who faced criminal proceedings - was wrong and dobbed him in to the law society.

[Judge Moore, it will be remembered, allowed burqa-wearing Muslim women to give evidence in an insurance fraud case with their faces exposed, while shielded from the rest of the court and only seen by himself, lawyers and female court staff. Allowing evidence to be given in such an "alternative way" was incorporated in the Evidence Act 2006.]

A law society standards committee found Mr Hong's conduct was unsatisfactory, fined him $1,000, with costs and ordered him to go to a continuing legal education seminar.
Mr Hong didn't pay and didn't attend so he was referred to the disciplinary tribunal, which considered it was disgraceful and dishonourable for him not to do what he was told and found him guilty of misconduct.

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Much to-ing and fro-ing ensued, during which Mr Hong paid the fine and costs and viewed a couple of educational webinars. But it was too late.

The tribunal reckoned his disobeying of orders was flagrant and a significant suspension was required to ensure the profession's disciplinary processes were not undermined.

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He was suspended for ten months, partly because of what the tribunal described as "17 years of disciplinary findings" displaying "an ongoing pattern of professional failings."

But Justice Gilbert ruled the tribunal overstated the extent and seriousness of Mr Hong's disciplinary history. He had not previously failed to comply with an order of a standards committee or the tribunal.

Also, Justice Gilbert found Mr Hong appeared to have made an honest mistake when he said no client had every complained about him.

He ruled the ten-month suspension imposed on Mr Hong was excessive in all of the circumstances and could not stand.

Footnote: Observers will recall Mr Hong has also been embroiled in a messy squabble with fellow lawyer Dr Francisc Catalin "Frank" Deliu.

The pair were at each other's throats for years, raising all manner of sometimes bizarre and abusive allegations, one against the other.

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Between October 2010 and December 2013 they confronted the High Court no fewer than ten times.

What began as a client complaint against Mr Hong over a property purchase escalated into what observers termed a full-on slanging match.

In 2011 chief high court judge Helen Winkelmann described the affair as a "mutual exchange of inappropriate communications" which involved the court in the waste of a lot of public resource.

Last year - in a pre-trial judgment - associate High Court judge Rob Osborne ordered Mr Hong to pay Dr Deliu $14,328, plus disbursements of $1,942.15.

Dr Deliu wanted much more money from Mr Hong, but Associate Judge Osborne slashed his claim, referring to some of Dr Deliu's claims as attempts to claim "double recovery."

In 2010, Auckland district court judge Mary-Beth Sharp awarded indemnity costs against Mr Hong for a costs counterclaim she described as striking "at the heart of justice."

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On that occasion Judge Sharp said Mr Hong acted vexatiously, spuriously, improperly and completely unnecessarily.

She refused to excuse Mr Hong's behaviour on the grounds he was not a litigation solicitor, saying "he had appeared in this court more times than I care to remember."

Some Welcome Good News

Papakura MP, former Auckland district law society president, former NZ law society vice president and former Justice Minister, the Honourable Judith Collins, has been cleared of claims she connived with WhaleOil blogger Cameron Slater to undermine ex-SFO boss Adam Feeley.

Some say she might be better back as corrections minister than the newcomer who's currently there.

Former Act MP and Auckland mayor John Banks is pleased the Court of Appeal has given him a retrial at which he is confident he will clear his name of electoral fraud allegations - although some insiders reckon the Crown may think again about the economics of pursuing Banksie a second time.

Lawyers Thrive From Iconic Pub Wrangle

CaseLoad and his Cronies recently celebrated the 25th anniversary of their men-only BLC Movement in the Hurunui district of North Canterbury.

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And what an occasion it was, with a full and joyous turnout from around the country.
A traditional charcoal bbq lunch was served at the old campsite on the banks of the Hurunui River, followed by safety-first shooting games, responsible beer drinking, blatant lie-telling, jolly japes and general leg-pulling.

"Rampant tossers," said The Scunner - who was not invited.

Preferred central venue for the celebration was, as always, the iconic Hurunui Hotel, said to have held its licence for either 145 or 154 years depending on who's telling the story.

Hurunui mayor and local merino farmer Winton Dalley dropped by for an informal mayoral reception and express his appreciation for the rabbit whacking and cash injection BLC has brought to the district for quarter of a century.

In CaseLoad's opinion the Hurunui is the best country pub in New Zealand - and he's been in a few.

Unfortunately, the hotel's lessee of some eight years Travis and the property owner Rodger, are locked in a bitter dispute over matters too complicated to go into here, but which are said to have already enriched lawyers with five figure contributions from both protagonists.

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Rodger and Travis don't get on.

Travis feels threatened by being surrounded on all sides by Rodger's recently developed and more upmarket café, pricey accommodation cottages and campervan park.

Some say Rodger would be happy for Travis to move on.

CaseLoad doesn't know the full ins and outs of their dispute and has no wish to take sides, but it is a shame to see the operation and historic character of a grand old pub at risk.

BLC made it clear to Mayor Dalley that his council - which is the local liquor licensing authority - should take steps to ensure the character and happy future of the unique old pub is preserved in a way that will benefit all "stakeholders" - particularly those who enjoy its hospitality.

After-all, the BLC Movement's 30th anniversary is not far off...

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"Another boycott in the wind?" said Our Man At The Bar, unusually restrained for the time of day.

Who Needs Lawyers Asks Chief Judge

Chief high court judge Helen Winkelmann didn't mince words in her recent Ethel Benjamin speech in Dunedin.

(Ethel Rebecca Benjamin, of Dunedin, it will be remembered, was New Zealand's first female lawyer and was the first woman in the British Empire to appear as counsel in court.)

Unless there is better access to justice, Justice Winkelmann says, "we will live in a society where the strong will by any means, including violence, always win out against the weak."

She sees a weakening in the civil justice sector of the exclusive and central role lawyers have played in court. If it continues it will be not just to the detriment of the legal profession, but also to the detriment of civil justice in society.

Justice Winkelmann says that as a result of the rise in court fees there are indications that far from being viewed as a democratic institution, civil courts are "regarded as a luxury service for which users should pay."

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In addition, she says, people who come before the courts are called customers, judges and lawyers are stakeholders, District Court centres are franchises.

"We are now to understand that we are part of a market for justice services and our product is being marketised."

A reduction in civil legal aid from $60 million in 2010/11 to $49.4 million in 2013/14 has lead to more lawyers not taking on civil work, more people representing themselves in court and more people trying to resolve disputes outside the court system.

Justice Winkelmann says lawyers should explore different pricing models including fixed price services and taking on more pro bono services - working free.

Source: NZ Law Society.


This Week's Question
Are those who make wider and more gaudy pin stripes on lawyers' suits in cahoots with zebra crossing painters?

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