3 Jul 2020
NOTTINGHAM v REAL ESTATE AGENTS AUTHORITY [2020] NZHC 1561
- Citation
- [2020] NZHC 1561
- Court
- High Court
The High Court allowed the appeal and held the Tribunal erred in striking out the appellants' appeals under s 109A because it could not be certain that a Tribunal rehearing would merely relitigate criminal findings; the strike-out power is to be used sparingly and the Tribunal must undertake the rehearing directed by the courts and may consider prior judicial findings but cannot pre-emptively treat those findings as determinative of all disciplinary avenues; accordingly the Tribunal's strike out was set aside and the appeals were reinstated for rehearing as soon as reasonably practicable.