Domb v Real Estate Agents Authority

[2016] NZHC 954

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-000160 [2016] NZHC 954

IN THE MATTER OF

an Application pursuant to section 3 of the

Declaratory Judgments Act 1908

BETWEEN

LUKE DOMB Plaintiff

AND

REAL ESTATE AGENTS AUTHORITY Defendant

Judgment:                12 May 2016

SUPPLEMENTARY JUDGMENT (No. 2) OF COLLINS J

[1]      This judgment addresses the parties’ requests for further clarification of the

forms of the declarations set out in my supplementary judgment of 22 April 2016.

[2]      I refer to the memorandum of counsel for the defendant dated 26 April 2016 and the memoranda in response from the plaintiff dated 29 April and 12 May 2016.

[3]      By consent, I vary the terms of paragraph [19](1) of my judgment of 22 April

2016.   The Registrar is able to require applicants for a licence (or renewal of a licence) to consent to the disclosure by the police of any records of findings of liability for an enforcement offence which carries a maximum penalty of $10,000 or more.

[4]      I also vary by consent the terms of paragraph [19](2) and (3) to make it clear that the threshold for infringement offences (for pending charges and discharges/diversion) is a maximum penalty of $10,000 or more.

[5]      My judgment of 22 April 2016 has been redistributed to reflect these changes.

DOMB v REAL ESTATE AGENTS AUTHORITY [2016] NZHC 954 [12 May 2016]

[6]      Having considered the submissions of both parties on costs in relation to the substantive proceeding, I have decided that both parties exceeded and failed in their arguments to varying degrees.   Ultimately, I have decided the overall interests of justice is served by allowing costs to lie where they fall.  There is accordingly no

order for costs in this proceeding.

D B Collins J

Solicitors:

Simpson & Co, Mana for Plaintiff

Meredith Connell, Auckland for Defendant