WHANGAREI DISTRICT COUNCIL V DAISLEY (SC)

Paul Robertson and Frana Divich together with senior counsel, acted for the council in an appeal to the Supreme Court. They were successful in overturning the Court of Appeal’s judgment on fraudulent concealment for the purposes of limitation and defended the finding that the council had not committed misfeasance in public office because its conduct had not been deliberate. The successful limitation defence means that the majority of the damages awarded were set aside and the respondent was ordered to pay costs to the council.