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17 June accepted action agreement Appeal application approach Auckland Australia authority bank benefit charge Christchurch circumstances claim Commission common concerned consideration considered Constitution continued contract Council course Court of Appeal criminal damages decision defendant duty effect established evidence example existing fact further give given held High Court House important interest involved issue Judge judgment judicial June jurisdiction Justice land lawyers legislation liability limited Lord majority matter means Minister mortgagee nature noted NZLR offence Parliament particular parties person plaintiff position possible practice present principle problems procedure proceedings profession proposal question reason recent reference relation relationship respect result rules scheme sentence Society statement suggested tort Trust Wellington Zealand