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| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA725/2017 [2019] NZCA 67 |
| BETWEEN | LOW VOLUME VEHICLE TECHNICAL ASSOCIATION INCORPORATED |
| AND | JOHN BERNARD BRETT |
| Hearing: | 20 September 2018 |
Court: | Kós P, Clifford and Williams JJ |
Counsel: | R J Gordon and D P MacKenzie for Appellant and Second Respondent |
Judgment: | 26 March 2019 at 9.30 am |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BThe cross-appeal is dismissed.
CA permanent injunction is granted to the Association prohibiting Mr Brett from any further breach of the June 2014 settlement agreement.
DThe case is remitted to the High Court for reconsideration in accordance with [76].
EThe first respondent is to pay the appellant costs for a standard appeal on a band A basis together with usual disbursements.
__________________________________________________________________
REASONS OF THE COURT
(Given by Kós P)
Mr Brett formerly was an approved certifier of low volume vehicles.[1] The Low Volume Vehicle Technical Association is the body responsible for setting standards and procedures for certification of low volume vehicles.[2] Mr Johnson is chief executive of the Association. Mr Brett’s certification was revoked by the New Zealand Transport Agency in December 2012. A District Court appeal against revocation failed.[3] Mr Brett then embarked on a campaign of public criticism of both the Association and Mr Johnson on his website.[4]
[1]The meaning of low volume vehicles is explained at [3] below.
[2]The Association is also referred to as “the LVVTA”.
[3]Brett v New Zealand Transport Agency, DC Manukau CIV-2013-055-93, 27 December 2013 [District Court judgment].
[4]Mr Johnson is nominally a respondent, but as one of the two plaintiffs, his interests align with those of the Association.
After legal action was threatened, a settlement agreement was entered between the Association and Mr Brett. After further statements were published by Mr Brett, the Association and Mr Johnson brought defamation proceedings against him, and the Association also claimed for breach of the settlement agreement. These claims were determined in the High Court by Palmer J.[5] This appeal and cross-appeal concern the Judge’s determinations that:
(a)As to the settlement agreement: (1) portions of the agreement should be struck out for inconsistency with the New Zealand Bill of Rights Act 1990; but (2) Mr Brett had otherwise breached that agreement.[6]
(b)As to defamation: (1) Mr Brett had defamed both the Association and Mr Johnson; (2) there was no defence of truth available on the facts; (3) a defence of honest opinion was available in relation to one statement only; and (4) all defamatory statements concerning the Association only were protected by qualified privilege.[7]
(c)As to remedy: (1) declaring that Mr Brett was liable to Mr Johnson for 12 defamatory statements; (2) granting Mr Johnson a permanent injunction against further publication of the defamatory statements; and (3) ordering that Mr Brett pay Mr Johnson $100,000 in compensation,…
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- [2019] NZCA 67
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