Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]
...on the part of Mr Anderson. [36] There is no issue that Mr Mairs actually went to the property, entered it and stayed in it for the night. He did not have the consent of the owner. Mr Anderson as the agent of the vendor did not have authority to permit Mr Mairs to enter the property in the circumstances. Mr Mairs, in effect, says that he believed in good faith that he had the consent of the owner to be in the property, namely Mr Anderson. He says that he did not know Mr Anderson was...