Highlights
Question One
Read the case Wilson v New Brighton Panelbeaters Ltd [1989] 1 NZLR 74 (abridged) provided with this exam and answer the questions below.
a) What does cur adv vult mean?
b) To which court would the respondent appeal?
c) Is this a civil or criminal case? Identify one clue from the judgment that supports your answer.
d) Assuming the facts are similar enough, explain whether Aitken Agencies Ltd v Richardson [1967] NZLR 65 was binding or persuasive on Tipping J?
e) Who won?
f) Identify one primary and one secondary source used by Tipping J.
g) What is the issue before Tipping J?
h) Explain why there was a trespass in Kirk v Gregory (1876) 1 Ex D 55?
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