Wang v Real Estate Agents Authority

[2015] NZHC 1364

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-2690 [2015] NZHC 1364

BETWEEN

JANE HONGBO WANG

Appellant

AND

REAL ESTATE AGENTS AUTHORITY Respondent

On the papers
Appearances:	T Rea for the appellant M Hodge for the respondent
Judgment:	16 June 2015

JUDGMENT (NO. 2) OF TOOGOOD J

This judgment was delivered by me on 16 June 2015 at 3:00 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

WANG v REAL ESTATE AGENTS AUTHORITY [2015] NZHC 1364 [16 June 2015]

[1]      In a judgment dated 13 May 2015 (“the principal judgment”), I upheld, in part, an appeal by Ms Jane Hongbo Wang against a finding of the Real Estate Agents Tribunal that she had been guilty of misconduct.1    I set aside the Tribunal’s finding and replaced it with a finding that Ms Wang was guilty of the alternative charge of unsatisfactory conduct under s 72 of the REA Act.  I further held that, on the face of it, the reduction of Ms Wang’s offence to one of unsatisfactory conduct should have consequences as to penalty, but said it did not appear from the notice of appeal that the penalty was challenged.  I provided an opportunity for counsel to file memoranda

indicating whether the Court had jurisdiction to address the question of penalty.

[2]      I have subsequently received memoranda from counsel for both the appellant and the respondent agreeing that the Court has jurisdiction to remit the question of penalty to the Tribunal for further consideration in light of the Court’s findings on the appeal and inviting me to follow that course.

[3]      Accordingly,  by  consent,  this  matter  is  referred  back  to  the  Real  Estate Agents Disciplinary Tribunal to reconsider the appropriate penalty to be imposed, on the basis that Ms Wang has been held to be guilty of unsatisfactory conduct under s 72 of the REA Act for the reasons set out in the principal judgment.

Costs

[4]      By consent, I order that costs on the appeal should lie where they fall.

………………………….

Toogood J

1      Wang v Real Estate Agents Authority [2015] NZHC 1011 at [70]-[71].