Dellabarca v Northern Storemen and Packers Union - [1989] 2 NZLR 734

Tort — International tort — Inducement of breach of contract — Conspiracy — Manager on behalf of his employer made payments in the nature of bribes to union delegates to obtain industrial harmony at employer's premises — Union threatened to strike unless manager was dismissed — Employer dismissed manager who claimed damages against union and employer — Whether justification was a defence to an intentional tort — Whether manager was contributorily negligent in paying bribes — Whether contributory negligence was a defence to an intentional tort.

Damages — Exemplary — Contributory negligence — Whether contributory negligence might be taken into account to reduce award of exemplary damages.

Practice and procedure — Jury trial — Judgment contrary to jury's findings — Whether Judge should go behind jury's verdict and substitute his own verdict for that of the jury.

Practice and procedure — New trial — Jury trial — Original trial was by jury and new trial was ordered — Whether Judge could order new trial of his own motion — Whether, if plaintiff sought new trial by jury, Judge was empowered to order trial by Judge alone — Whether new trial could exclude some of original defendants who had been exonerated by jury — Whether new trial should be limited to liability only, with the original jury findings as to quantum remaining in place — High Court Rules, R 494.