18 Jun 2018
THOMPSON v TURNER HOPKINS [2018] NZCA 197
- Citation
- [2018] 3 NZLR 299
- Court
- Court of Appeal
Sections 164 and 164A do not give rise to a private law cause of action for breach of statutory duty to third parties because the certification regime is directed to protecting the Registrar, the Act contains specific sanctions and a Crown compensation scheme indicating a self-contained remedial framework, and there is no clear legislative intent to create such a private right; however the appellant's separate negligence pleading alleging a duty of care by the certifying solicitor to the non-client proprietor was arguable and not fit for summary dismissal, so summary judgment against the firm…