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

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