New Zealand Case Law: Decisions & Judgments | LexChat

Topic

False representations

Legal area

Court

27 Feb 2020

ROBERTS v JULES CONSULTANCY LIMITED [2020] NZHC 303

Citation

[2020] NZHC 303
Court

High Court

Defendants who refused to admit facts in Notices to Admit were ordered to bear the costs of proving those facts; plaintiff's preparation time for liability evidence was uplifted from 2.5 to 5 days; counsel travel and accommodation and expert fees (including Mr Hanlon) were recoverable; scale costs reduced by 15% under r 14.7 to reflect defendants' success on contributory negligence; total costs and disbursements quantified and awarded accordingly.
23 Aug 2019

COMMERCE COMMISSION v STEEL & TUBE HOLDINGS LTD [2019] NZHC 2098

Citation

[2019] NZHC 2098
Court

High Court

s45 could not be relied upon at sentencing to attribute the technical manager's deliberate state of mind to Steel & Tube because the offences under ss10 and 13 were strict liability and state of mind was not necessary to establish guilt; sentencing must assess corporate culpability via Sentencing Act factors and common law attribution where appropriate; on the facts senior management's conduct amounted to gross carelessness justifying a higher starting point than the District Court adopted; the District Court sentence was manifestly inadequate and is replaced with a global fine of NZD 2,009,2…