Saxmere Company Limited, The Escorial Company Limited, Richard King, Russell Stewart Emmerson and Forest Ramge Limited v Wool Board Disestablishment Company Limited - SC 64/2007

Media releases

Summary

Civil – applicants challenged the Wool Board’s decisions allocating funding for wool marketing, seeking judicial review and restitution of levies paid and alleging breach of statutory duty (s 6(6) Wool Act 1997) and negligence – High Court Judge found the Board liable in damages for breach of statutory duty and negligence, in relation to one of their four decisions – Court of Appeal allowed an appeal by the respondent and dismissed a cross-appeal – whether the Court of Appeal erred in its analysis of the Board’ s decisions under s 6(6) of the Act – whether the Court of Appeal took proper account of the context and purpose of the Wool Act – whether the Court of Appeal failed to address the existence of a duty of care independent of s 6(6) – whether the Court of Appeal erred by making material factual findings which differed from the trial Judge and which were contrary to the evidence heard by the trial Judge – whether the High Court Judge erred in limiting his damages to only one of the four decisions, and in denying restitution of levies.CA 222/05 [2007] NZCA 349 15 August 2007 CIV 485 – 2003 – 2724 6 December 2005

Result

The application for leave to appeal is dismissed with costs of $2,500 to the respondent.
12 November 2007
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Appeal dismissed. Costs to respondent $15,000 together with reasonable disbursements.
3 July 2009
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The judgment of this Court delivered on 3 July 2009 ([2009] NZSC 72) is recalled and the orders made in that judgment are set aside. The appeal is allowed and the proceeding remitted for rehearing in the Court of Appeal. Costs are reserved.  Counsel should make written submissions directed to how costs should be borne for the previous hearing in the Court of Appeal and the two hearings in this Court.
27 November 2009

Related Documents

Additional Information

SAXMERE COMPANY LIMITED And Ors v WOOL BOARD DISESTABLISHMENT COMPANY LIMITED SC 64/2007 [27 November 2009]

Hearing date : 3 March 2009

Hearing date : 24 November 2009

WOOL BOARD DISESTABLISHMENT COMPANY LIMITED V SAXMERE COMPANY LIMITED AND ORS CA CA288/05 15 August 2007