High Court Rules On Real Estate Boss

Wednesday 7 April 2004

The High Court in Hamilton has found Waikato Real Estate Institute president Mark Winter did not cause Putaruru farmer Herman Jans humiliation and loss of dignity when he withheld information about the mortgagee sale on Jans' farm.

By The Landlord

But by withholding the file, the court ruled, Winter interfered with the Jans' privacy rights and ordered him to pay $15,000.

The decision quashes an earlier ruling by the Human Rights Tribunal - the judicial forum for the privacy commissioner - after the High Court ruled it had erroneously assessed the damages.

The tribunal had ordered Winter in July last year to pay Jans $20,000.

The saga began after Jans claimed Winter, head of Bayleys Regional Realty firm in Hamilton, had undervalued his property, selling the farm and homestay lodge for about $300,000 when it was purportedly valued at $1.4 million.

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