10 Jul 2015
NOTTINGHAM, NOTTINGHAM AND MCKINNEY v THE REAL ESTATE AGENTS AUTHORITY [2015] NZHC 1616
- Citation
- [2015] NZHC 1616
- Court
- High Court
The High Court allowed the appeal because the Tribunal failed to take into account relevant matters crucial to credibility and culpability — specifically a misapprehension of when the second respondent was alerted to the issue and the Tribunal's failure to consider fresh witness statements that directly contradicted key witnesses; the Tribunal's decision was therefore not reasonably open and the matter is remitted for reconsideration (including possible direction to the Committee to lay charges).