New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Implied consent

Legal area

Court

27 Aug 2013

VULCAN STEEL LIMITED V KIREAN WONNOCOTT CA141/2013 [2013] NZCA

Citation

openlaw-7626d7a8_00c7_499a_8f44_24a8c2799101.pdf
Court

Court of Appeal

Leave to appeal was dismissed because the Employment Court correctly applied the legal test for implied consent; its factual findings were reasonably open on the evidence (notably correspondence from the employer's counsel) and the factual errors identified did not reach the threshold required for appellate intervention; disputes about relevance of specific factors are fact‑specific and do not raise a question of law of sufficient public importance.
18 May 2010

CINTRO HOLDINGS LIMITED V F M CUSTODIANS LIMITED HC AK CIV 2009-404-000406

Citation

openlaw-6228a708_67ef_4d91_afc9_c4625cb0e4f6.pdf
Court

High Court

The court held that the high threshold for indemnity costs was not met because the applicant advanced an arguable claim based on alleged prior knowledge and implied consent under s 105, supported by the director's evidence; the applicant's conduct did not amount to the flagrantly bad behaviour required for indemnity costs. Accordingly indemnity costs were declined but respondent was entitled to ordinary costs on a 2B basis up to and including the hearing and for specified post-judgment memoranda.