New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Agency/employee status under s10(2)
  • 14 Mar 2018

    ARNOLD v STUFF LIMITED [2018] NZHC 539 [13 and

    Citation
    ARNOLD v STUFF LIMITED [2018] NZHC 539 [13 and
    Court
    High Court

    Court refused to strike out the honest opinion defence in relation to the alleged leaking meaning because the pleaded facts constituted primary facts capable of supporting a tier 1 opinion; granted leave to add a late particular of aggravation concerning rumours and allowed consequential amendments to the defendants' particulars; held on the facts that Mr Shadbolt was not an employee or agent of Stuff so s10(2)(b) applies and the jury should consider Stuff's position only on that basis; struck out particulars premised on post-publication material (the 1 May 2015 letter) because they did not p…

    • Honest opinion defence
    • Publication meanings
    • Agency/employee status under s10(2)
    • Particulars of aggravation
    • Privilege and ill-will
    • Jury directions on verdict and damages