Colin James Dallas v Wellington City Council

[2015] NZSC 95

IN THE SUPREME COURT OF NEW ZEALAND

SC 14/2015
[2015] NZSC 94

BETWEEN	COLIN JAMES DALLAS Applicant
AND	WELLINGTON CITY COUNCIL Respondent

Court:	Glazebrook, Arnold and O'Regan JJ
Counsel:	P R W Chisnall and J D Haig for the Applicant D J Heaney QC and A K Hough for the Respondent
Judgment:	26 June 2015

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Wellington City Council v Dallas [2014] NZCA 631).

B         The approved questions are:

(a)Was the Court of Appeal correct to have found the applicant liable under the Fair Trading Act 1986?

(b)If so, should the applicant have been held liable for 50 per cent of the respondent’s loss?

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REASONS

1. The parties may also want to consider Body Corporate 202254 v Taylor.[1]

   [1]Body Corporate 202254 v Taylor [2008] NZCA 317, [2009] 2 NZLR 17.

Solicitors:
Macalister Mazengarb, Wellington for Applicant
Heaney & Partners, Auckland for Respondent