23 Dec 2019
REAL ESTATE AGENTS AUTHORITY v STONE [2019] NZHC 3499
- Citation
- [2019] NZHC 3499
- Court
- High Court
The Tribunal erred as a matter of law by confining the CAC to an assessment of the complainant's evidence only; the correct approach requires the CAC to determine whether there is a prima facie case by analysing and evaluating all available evidence (including potential defence-dispositive material) and to exercise its discretion having regard to the public interest. Because the Tribunal applied the wrong test, the matter is remitted to the Disciplinary Tribunal to reconsider the CAC's decision in light of this correct legal framework.