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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22162
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My brothers took me to the gh court last year claiming my

Customer Question

My brothers took me to the high court last year claiming my property was their's as Dad built their house on my property. My older brother lied and lied on the stand kept on changing his evidence, Right through the whole time with his avidavits and brief of evidence he has lied and my younger brother has followed. The Judge broke the law as she let him lie on the stand, she wouldn't let me read my brief of evidence when she let everyone else. I have lodged a complaint about the judge with the Judicial Conduct Commission, at labour weekend. They have let me know they have passed it onto the commissioner, but haven't anything yet. The Judge in her Judgement has given everything to my brothers and Mother, and have ordered my property to be sold. If it is sold I will have nothing and be out on the street with a sick daughter. Because I have laid this complaint can I have a stay put on my property until this is all fixed up. My Lawyer did apply for a an appeal but they wouldn't loo
Submitted: 4 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 months ago.

You can ask for a stay of a judgment at any time, but you should be aware that the complaint about the judge will not undo her decision. The only way to do that is to appeal, and you need to complete that process if you want any chance of overturning the decision. You should be aware that decisions on credibility of evidence are very hard to appeal and you may have been told that already. Is there any chance of reaching some settlement by a family mediation where you could salvage something from this?

I prefer to be up front about prospects of litigation and your situation doesnt look good. So it may be time to build some bridges with family

Customer: replied 4 months ago.
No I am not happy with your reply, telling me to build some bridges with family. When family takes everything away from you, that belong to you, you can't build bridges, How would you like your home and property taken away from you that you have worked for and on for a long time. When you had all the proof that the property was yours, but the Judge had it in for you. I purchase the property in 2002, then built a home and moved in 2003, and let your elderly parents build their house on your property and had to look after them for years as they were both very sick. My Dad died 2009, my Mum is 93 in an elderly home, and just in the last few years my brothers have decided to take me to court to take my property away from me. They have never worked on the property, or looked after their elderly parents I had to do everything. I had to pay all the rates, mortgage and do everything. My brother lied so many times on the stand, and the Judge wouldn't even let me read my Brief of Evidience, wouldn't listen to witness's I had even the Solicitor that did the property for me.
So don't tell me to build bridges, this is not justice's, I am a NZ, I am entitled to a hearing or review.
Don't charge me the 73.00 for nothing.
Expert:  Chris The Lawyer replied 4 months ago.
Well if you haven't won in court then you have some challenges ahead. You need to appeal if you still can. But the complaint about the judge won't get you anywhere in terms of overturning the result, because the cases say that you cannot use a complaint about a judge for an appeal. I sympathise with your plight, but you have to consider what you can do to salvage something. The only way is an appeal, and if that is lost then you can do nothing more. That is why I suggested talking to family. If you back down they may as well. But you know them better than me of course
Customer: replied 4 months ago.
They won't back down, they have so much hatred and bitterness towards me, they want my daughter and myself out on the streets. I have applied for an appeal but the appeal judges won't look at it as they don't want to discredit a High Court Judge, so you are telling me that you can have everything taken away from you just because a Judge says, what if she was given money to go with them. No I need help to fight this and that is why I have come to you for help but you are saying nothing can be done, but you must be able to do something with what a corrupt Judge has said. No I am still not happy with your answers.
Expert:  Chris The Lawyer replied 4 months ago.
You are obviously upset by what the family have said. But the only way to change the result is by your appeal. I can't suggest anything else and would tell you if there was. I say this from 35 years as a court lawyer, and have argued many appeals. But I also mediate many bitter family disputes and that may be all you can try if the appeal fails. I am sorry you don't like my response, but it wouldn't be honest to give you false hope.
Customer: replied 4 months ago.
I already told you that I went for an appeal in the very first statement I gave you, and the Appeal Judges won't look it as they didn't want to discredit a High Court Judge, that is why I came on this to see what can be done. My Lawyer doesn't want to continue anymore with me as it is Legal Aid, and she said she stopped being a Legal Aid Lawyer in May, didn't let me know, hasn't let legal aid know. My Lawyer has been telling the other Lawyers that I agree on everything they have said and I haven't. She never even contacted me. They have continued taking things to court and she has acted for me. Now I have to find another Lawyer who is prepare to take on my case and do a another appeal for me or a Judicial Review. So yes I am very upset and I am going to take this to 60 minutes and see if they can help
Expert:  Chris The Lawyer replied 4 months ago.
Have you applied for leave to appeal which has been rejected? You can apply directly to the Court of Appeal but if you have done that then you have to go to the Supreme Court. Do you need help to find a legal aid lawyer for the next steps? What city are you in? There are few civil legal aid lawyers these days.
Customer: replied 4 months ago.
My lawyer put in an appeal, and the Judges on the appeal said they would not do it as they didn't want to discredit a High Court Judge. My Lawyer won't do anything more for me, and told me I have to sell and that is that. She has told the other Lawyers for my brothers that I agreed with the Land Agent and other things, and I never.
Expert:  Chris The Lawyer replied 4 months ago.
Your only option would be the Supreme Court and a legal aid lawyer to help. Would you like suggestions from your city?
Customer: replied 4 months ago.
please I need a very good Lawyer, that does Legal Aid. I live in Drury South Auckland. My Lawyer I had was at Manukau, but I can go to Pukekohe, Papakura, Manukau, Botany. They are the places I know and can find places.
Can I go for a Judicial Review? if so can I do that. Can I not apply for another appeal? and I do it.
Expert:  Chris The Lawyer replied 4 months ago.
Judicial review isn't appropriate where you still have appeal rights and you cannot apply for a second appeal
In the Court of Appeal
Expert:  Chris The Lawyer replied 4 months ago.
Some names
Andrew Speed(09)(###) ###-####uckland
***** ***** (09)(###) ###-####R S Pidgeon - 09)(###) ###-####uckland
Expert:  Chris The Lawyer replied 4 months ago.
There just rare very few in South Auckland
Customer: replied 4 months ago.
What do you mean I still have appeal rights? You said I can't do a second appeal, I can't do a Judicial Review, so how do I do an appeal?
Expert:  Chris The Lawyer replied 4 months ago.

I'm still not sure how far your case has gone. You said it has gone to appeal, but I am still not sure whether you have applied for leave to appeal to the Court of Appeal, which was rejected, or whether you have had the full appeal heard. You have a right of appeal from the Court of Appeal to the Supreme Court. You haven't said whether you have tried this. If you still have a right of appeal to the Supreme Court, you cannot seek judicial review.

You cannot use judicial review as an alternative to an appeal. There are many cases which make it clear that once you have exhausted the court appeal processes, then judicial review doesn't work.

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