Real Estate Institute of New Zealand Inc v Private Sale Co (Auckland Central) Ltd - [1996] 2 NZLR 371

Evidence — Standard of proof — Allegation of criminal offence in civil proceeding — Whether criminal standard of proof applicable — Whether civil proceeding appropriate — Real Estate Agents Act 1976, s 16(1) and (2) — Fair Trading Act 1986, s 41(1).

Practice and procedure — Standing — Application for injunction to prevent misleading or deceptive conduct by unlicensed real estate agent — Whether Real Estate Institute of New Zealand had standing to apply for injunction — "Person" — Fair Trading Act 1986, s 41(1).

Real estate agents — Person acting as an agent — Company marketing residential properties — Flat fee increased if property sold — Whether acting as real estate agent — Whether misleading or deceptive conduct in course of trade — Real Estate Agents Act 1976, s 3 — Fair Trading Act 1986, ss 9 and 11.

Real estate agents — Person acting as an agent — Aiding and abetting — Franchisee acting as unlicensed real estate agent — Whether franchisor aiding and abetting misleading or deceptive conduct by franchisee in course of trade — Real Estate Agents Act 1976, s 3 — Fair Trading Act 1986, ss 9 and 11.