1 Dec 2016
EDINBURGH REALTY LIMITED & ANOR v SCANDRETT & ANOR [2016] NZHC 2898
- Citation
- (2016) 18 NZCPR 23
- Court
- High Court
The High Court held the Tribunal had power, as an appellate body able to reverse a Committee determination, to remit the matter back to the Committee for reconsideration, but the Tribunal lacked jurisdiction to make findings against persons or on issues that were not the subject of the appellant's notice of appeal (notably Lane and Clayton on the knowledge issue) and had no power to direct the Committee to frame or lay specific charges; the Committee's original determinations insofar as not appealed are reinstated and the Committee must exercise its discretion afresh.