6 Aug 2015
CPA AUSTRALIA LTD v THE NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS [2015] NZHC 1854
- Citation
- [2015] NZHC 1854
- Court
- High Court
Some comments by NZICA's acting CEO at May 2013 conferences were defamatory in meaning, but CPAA, as a corporate plaintiff, failed to prove pecuniary loss under s6 Defamation Act and therefore is not entitled to relief; NZICA's defences of truth and honest opinion were not established for the key sting and qualified privilege was narrowly denied because the speaker took improper advantage of the privileged occasion; parts of the May 2011 flyer were misleading under the FTA but CPAA failed to prove pecuniary loss under the FTA so no relief granted.
- Corporate plaintiff pecuniary loss (s6 defamation act)
- Defamatory meaning and innuendo
- Truth/justification defence
- Honest opinion (fair comment)
- Qualified privilege and rebuttal (s19)
- Misleading and deceptive conduct (s9, s11 fta)