17 Feb 2012
AUCKLAND COUNCIL V ROBYN COLEMAN HC AK CIV-2011-404-2798
- Citation
- openlaw-ed4410d3_cb8b_4882_89b0_1f8ec3a0a58d.pdf
- Court
- High Court
The Court allowed the appeal, concluding the Tribunal erred in declining joinder because the Council established an arguable s9 Fair Trading Act claim against Mr Apers (the report was capable of misleading, Coleman likely relied on it and there was a nexus to her loss) and that joinder was appropriate under s111 despite the claimant's reluctance to pursue the claim.