CPA Australia wins points decision in NZ Court battle
CPA Australia has walked away from its New Zealand defamation court battle with the Kiwi predecessor of the Chartered Accountants Australia and New Zealand, the NZ Institute of Chartered Accountants (NZICA), with what amounts to a technical victory, but none of the $50,000 compensation it was seeking.
A New Zealand High Court Judge, John Dobson, found that while statements made by the NZ Institute of Chartered Accountants referencing CPA Australia held elements of actionable defamation, he was not able to conclude that they had led to the organisation suffering pecuniary loss.
CPA Australia had alleged defamation and breaches of the New Zealand Fair Trading Act covering statements in flyers, advertisements, news articles and at industry events on the part of the NZICA.
The court was told that the alleged defamation and breaches occurred at a time when CPA Australia was seeking to grow its presence in New Zealand and before the NZICA had merged with the Institute of Chartered Accountants.
While declining to award the compensation sought by CPA Australia, Justice Dobson, sent a clear signal that the NZICA might not be treated kindly with respect to costs, stating: "CPAA's complaints were understandable, and my provisional view is that the scope for criticism of the standard of NZICA's conduct is likely to reduce the justifiable quantum of costs awarded in favour of NZICA".
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