Whangarei District Council v Malcolm James Daisley - SC 59/2024
Watch Videos
- SC 59/2024 Whangarei District Council v Malcolm James Daisley (Recorded, 18 March 2025)
Media releases
Summary
Civil Appeal
Result
A The applications for leave to appeal and cross-appeal are granted (Whangarei District Council v Daisley [2024] NZCA 161).
B The 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.
25 September 2024
__________________________________________________________________________
A The appeal is allowed in part. The finding that the appellant fraudulently concealed the respondent’s right of action is set aside.
B The appeal in respect of the award of damages of $90,000 for loss of the value of the Knight Road property, and interest on that sum in the terms set out by the High Court, is dismissed.
C The damages awarded to the respondent are otherwise set aside.
D The cross-appeal is dismissed.
E The respondent must pay the appellant costs of $45,000 plus usual disbursements. We allow for second counsel.
4 June 2026
Date of Hearing
18 March 2024 — 19 March 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Kós and O'Regan JJ
Case Synopses
Submissions from counsel
- Hearing date 18 March 2025 Appellant submissions (PDF 2.3 MB)
- Hearing date 18 March 2025 Respondent Submissions (PDF 295 KB)
- Hearing date 18 March 2025 Cross Appellants submissions (PDF 232 KB)
- Hearing date 18 March 2025 Cross Respondent submissions (PDF 1.6 MB)
- Hearing date 18 March 2025 Appellant submissions on Continuing Breach (PDF 1.5 MB)
- Hearing date 18 March 2025 Appellant oral outline (PDF 2.4 MB)
- Hearing date 18 March 2025 Respondent oral outline on appellant's appeal (PDF 5.6 MB)
- Hearing date 18 March 2025 Respondent oral outline on Cross Appeal (PDF 6.3 MB)