Whangārei District Council v Daisley

[2024] NZSC 123

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 59/2024
 [2024] NZSC 123

BETWEEN	WHANGAREI DISTRICT COUNCIL Applicant
AND	MALCOLM JAMES DAISLEY Respondent

Court:	Glazebrook, Ellen France and Kós JJ
Counsel:	D H McLellan KC and S O H Coad for Applicant J A Farmer KC and D J MacRae for Respondent
Judgment:	25 September 2024

JUDGMENT OF THE COURT

AThe applications for leave to appeal and cross-appeal are granted (Whangarei District Council v Daisley [2024] NZCA 161).

BThe approved question is whether the Court of Appeal was correct to (1) dismiss the appeal against the High Court’s finding that the applicant was liable in negligence; and (2) allow the appeal against the High Court’s finding that the applicant was liable for misfeasance in public office, for which it should pay exemplary damages.

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Solicitors:
Heaney & Partners, Auckland for Applicant
Morgan Coakle, Auckland for Respondent