New Zealand Case Law: Decisions & Judgments

Topic

Vicarious liability

Legal area

Court

7 Dec 2023

TRACPLUS GLOBAL LIMITED v DEAKER [2023] NZHC 3573

Citation

[2023] NZHC 3573
Court

High Court

The High Court lacks jurisdiction because the dispute about access to and potential misuse of confidential information stems from former employment relationships and can be framed within s161 Employment Relations Act 2000 (including paras (a),(b),(f) and the catch-all (r)); FMV v TZB requires such matters to be determined by the Employment Relations Authority and a tort-only pleading does not avoid that exclusivity.
31 Oct 2023

CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA LTD v ROYAL COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH-BASED INSTITUTIONS [2023] NZHC 3031

Citation

[2023] NZHC 3031
Court

High Court

The application for judicial review was dismissed. The Court held the Royal Commission's broad, purposive interpretation of "in the care of faith-based institutions" (including informal or pastoral care relationships) was open and lawful; Minutes 16 and 29 did not unlawfully expand the Terms of Reference; the Amendment Order was lawfully made by the Governor-General in Council under the prerogative and Inquiries Act and was not retrospective in effect; the NZBORA and discrimination challenges failed; and judicial restraint required non-interference with the Commission's ongoing inquiries abse…
20 Jul 2023

LITTLE v NEW ZEALAND LAW SOCIETY | TE KĀHUI TURE O AOTEAROA [2023] NZHC 1880

Citation

[2023] NZHC 1880
Court

High Court

The amended statement of claim was struck out because it impermissibly seeks to relitigate and collateral‑attack issues finally determined by this Court, the Court of Appeal and the Supreme Court; under the correct statutory interpretation of the TTMRA a separate application to NZLS was required and entitlement did not 'crystallise' in 2012, so the ASOC disclosed no arguable cause of action and constituted an abuse of process.
5 Jul 2023

FULLER v SERGEANT IAN CARTER NZ POLICE CORPORATION [2023] NZHC 1714

Citation

[2023] NZHC 1714
Court

High Court

Under r 4.56 the Court ordered Sergeant Ian Carter struck out as a defendant and the Attorney-General substituted because the plaintiff's allegations against the officer arose from actions in the course of duty, the Attorney-General is the appropriate representative and can provide full redress, and retaining the officer personally would be disproportionate and prejudicial.
17 Feb 2023

D (SC 126/2022) v RMC [2023] NZSC 6

Citation

[2023] NZSC 6
Court

Supreme Court

Leave to appeal was refused because the proposed appeals were without merit and hopeless: the underlying tort claims were legally untenable and appeared vexatious, the procedural defects (deemed abandonment for failure to provide security for costs) showed no material change of circumstance to justify an extension of time, and the matters raised lacked general or public importance and did not risk a miscarriage of justice.
8 Nov 2022

C v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 2923

Citation

[2022] NZHC 2923
Court

High Court

The fifth amended statement of claim was struck out because it failed to comply with pleading rules: it was prolix and evidential, lacked required particularity for defamation, misfeasance and negligence, ignored prior judicial directions to streamline, and the defamation cause was time-barred; after multiple amendment opportunities the pleading disclosed no reasonably arguable cause of action and strike out was justified.
21 Jul 2022

FUJIFILM BUSINESS INNOVATION NEW ZEALAND LTD v WHITTAKER [2022] NZHC 1760

Citation

[2022] NZHC 1760
Court

High Court

Leave was refused for Ernst & Young to rely on Fuji's discovered documents for its amended counterclaim because Ernst & Young failed to demonstrate special circumstances justifying collateral use of discovery and failed to specify which amendments relied on discovery; the trial will proceed on Fuji's amended claim and Ernst & Young's original counterclaim; Ernst & Young was ordered to disclose documents in its control relating to its awareness of some more than minimal loss or damage likely to have resulted from its audits of Fuji's 2013–2015 financial statements conducted in reliance on Fuji…
15 Jun 2022

WEBER v HASTINGS DISTRICT COUNCIL [2022] NZHC 1405

Citation

[2022] NZHC 1405
Court

High Court

Because Tremain Real Estate and Ms Baddeley only forwarded documentation they had received from the vendors and did not adopt or make any representations themselves, they were mere conduits; the representations in the documents were those of the vendors; plaintiffs therefore cannot establish an objectively misleading representation by the agents under s 9 FTA nor a tortious duty breach against them, so the claims against the third and fourth defendants cannot succeed and are struck out under r 15.1.
30 Nov 2021

GEMMELL, GEMMELL, GEMMELL AND v PHILLIPS [2021] NZHC 3259

Citation

[2021] NZHC 3259
Court

High Court

On the balance of probabilities the administrator breached her fiduciary duties by improperly selling estate land at undervalue with assistance from a third party; removal under s21 was expedient, the transfer to the first defendant was set aside under the Land Transfer Act 2017 and the land vested in the newly appointed administrator, and the first defendant was held vicariously liable for the breach; costs and a charging order were appropriate remedies.
29 Nov 2021

JONES v NEW ZEALAND BLOODSTOCK FINANCE AND LEASING LTD [2021] NZHC 3220

Citation

[2021] NZHC 3220
Court

High Court

Claims against the judge and the Attorney‑General were struck out because judicial immunity bars personal suits and the Crown is not vicariously liable; numerous other claims were struck out or stayed as an abuse of process because the pleadings and supporting affidavit were speculative, lacked particulars required for serious allegations such as conspiracy and dishonesty, and would oppress defendants; first to ninth defendant claims were stayed pending a properly particularised amended pleading approved by Queen's Counsel or a judge, with a deadline after which they will be struck out.