IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CIV-2018-488-2
[2019] NZHC 21
BETWEEN RINTOUL GROUP LIMITED
Plaintiff
AND
JACQUELINE ROBSON
Defendant
Hearing: 28 November 2018 Appearances:
Nathan Gedye QC and Richard Mark for the Plaintiff Frana Divich and Charlotta Harpur for the Defendant
Judgment:
23 January 2019
JUDGMENT OF ASSOCIATE JUDGE R M BELL
This judgment was delivered by me on 23 January 2019 at 2:00pm
pursuant to Rule 11.5 of the High Court Rules.
…………………………………
Deputy Registrar
Solicitors:
Richard C Mark, Kerikeri, for the Plaintiff Heaney & Partners, Auckland, for the Defendant Copy for:
Nathan Gedye QC, Auckland, for the Plaintiff
RINTOUL GROUP LIMITED v ROBSON [2019] NZHC 21 [23 January 2019]
[1] Ms Robson, the defendant, applies for summary judgment and to strike out the plaintiff’s claim for misfeasance in public office.
[2] The Rintoul Group Ltd is an earthworks and construction contractor operating in the Far North. It says that it has an established history of contracting successfully to the Far North District Council. From July 2014 to September 2017 Ms Robson, a civil engineer, was the general manager of infrastructure and asset management at the council. Between 2015 and 2017, The Rintoul Group Ltd tendered for 17 contracts with the council,1 but was unsuccessful in all of them. It says that Ms Robson was responsible for it not being awarded any contracts. It claims that she acted with targeted malice against it to ensure that it would not be awarded any contracts. Alternatively, it says that her role as manager of infrastructure and asset management required her to act in good faith in evaluating tenders and awarding engineering contracts, to make decisions on merit, and not for an improper purpose. She knowingly failed to do so and was aware that her actions would cause loss to The Rintoul Group Ltd. It claims compensatory damages for the contracts not awarded to it and exemplary damages.
[3]There are three main questions:
(a)Does Rintoul’s statement of claim meet the procedural requirements for a pleading of misfeasance in public office?
(b)Can Rintoul make a claim against Ms Robson for four cycleway contracts when it has already successfully sued the council for being excluded from the tender process for those contracts? and
(c)Has Ms Robson shown that Rintoul’s misfeasance claim cannot succeed on the merits?
1 The contracts were variously to build parts of the Twin Coast Cycle Trail, to repair roads and to carry out upgrades.
[4] As to the requirements for a claim of misfeasance in public office, in Commissioner of Inland Revenue v Chesterfields Pre-School Ltd the Court of Appeal said:2
[40] As the tort currently stands, there are two forms of liability; targeted malice and non-targeted malice. And in both forms, the act complained of must be done by a public officer and in the exercise of that officer’s public functions. Further, a fundamental element of the tort, in both forms, is that there must be actual…
Continue reading Rintoul Group Ltd v Robson
Sign in free to access the full text
- AGLC
- Rintoul Group Ltd v Robson [2019] NZHC 21
- Case
- [2019] NZHC 21
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.