11 Nov 2019
LOW VOLUME VEHICLE TECHNICAL ASSOCIATION INC v BRETT (NO 3) [2019] NZHC 2936
- Citation
- [2019] NZHC 2936
- Court
- High Court
The public interest defence pleaded by Mr Brett against Anthony Johnson was precluded by the prior High Court finding that there was no public interest in attacking the person rather than the institution and, on balance, the Court of Appeal did not remit the Johnson claim for rehearing; the defence is so untenable it cannot possibly succeed and is struck out; Mr Brett must pay costs on a 2B basis for discontinuance of the counterclaim uplifted 50% and costs on a 2B basis for opposing the strike-out.