20 Oct 2022
HARVEY v REAL ESTATE AGENTS AUTHORITY [2022] NZCA 498
- Citation
- [2022] NZCA 498
- Court
- Court of Appeal
Appeal dismissed: High Court and Tribunal correctly applied law. The evidential burden shifted when vendors denied the alleged recommendation despite a signed acknowledgement and appellant failed to produce contemporaneous explanatory evidence; moreover appellant breached r 5.1 by not recording vendor instructions or ensuring protective contractual provision, and the asserted errors (failure to consider cl 19.0, purchasers' 'clean' instruction, hypothetical reasoning, r 6.4 issues) did not amount to errors of law affecting the primary findings.