Wilkins and Field Limited v Kenneth John Fortune

[2000] NZCA 12

IN THE COURT OF APPEAL OF NEW ZEALAND CA130/99

BETWEEN	WILKINS AND FIELD LIMITED
Appellant

AND	KENNETH JOHN FORTUNE
Respondent

Hearing:	16 February 2000
Coram:	Gault J Thomas J Tipping J
Appearances:	R P Harley and N M Baruch for Appellant
G P Malone for Respondent
Judgment:	16 February 2000

JUDGMENT OF THE COURT DELIVERED BY GAULT J

1. At the commencement of the hearing of this appeal it became apparent that the essential point in issue had been determined by this Court in the recent judgment in The Board of Trustees of Marlborough Girls’ College v Sutherland CA149/99, judgment 16 December 1999.  In that situation it was clear that the appeal could not succeed and accordingly it is dismissed.

2. The respondent is entitled to costs which we fix at $3,000 together with all reasonable disbursements approved, if necessary, by the Registrar.

Solicitors

Glasgow Harley, Nelson, for Appellant