3 Mar 2020
QUIAMBAO v BARKER [2020] NZHC 371
- Citation
- [2020] NZHC 371
- Court
- High Court
The High Court allowed the appeal: the Tribunal erred in treating 9–11 month-old comparables as per se non-compliant with r10.2 and misapplied r10.3; the Tribunal exceeded its jurisdiction by effectively deciding an issue (failure to advise rejection of the H Trust offer and resultant undue pressure) that was not determined by the Committee and arose only during Tribunal submissions; and on the evidence no proven non-disclosure caused undue or unfair pressure. The Tribunal's finding of unsatisfactory conduct and censure was set aside and the Committee decision to take no further action reinst…