30 Nov 2010
NORTH SHORE CITY COUNCIL V WIGHTMAN AND ORS HC AK CIV-2010-404-003942
- Citation
- openlaw-65a837b4_66ed_4388_a735_8fc5edc10ca6.pdf
- Court
- High Court
The Tribunal was correct to remove Mr Beazley because the pleaded material did not disclose a reasonably arguable cause of action that he personally assumed responsibility for the pre-purchase report (necessary for negligent misstatement) nor that he was personally 'in trade' under s9 FTA; the report was made on behalf of his employer and there was no evidence he was a senior officer or otherwise intended to assume personal liability, so reinstatement was unjustified.