The New Zealand Institute for Chartered Accountant's "clumsy" response to the prospect of a new competitor wasn't an excuse for defaming CPA Australia, the industry body's counsel said in closing statements to the High Court in Wellington.
CPA Australia counsel Alan Galbraith QC dismissed NZICA's defence, saying "clumsiness or it didn't really mean it" in the face of a new competitive environment didn't justify defaming the new rival. Justice Robert Dobson reserved his decision at the end of closing statements yesterday.
Read more:
• Response to competition 'clumsy', not defamatory, says NZICA's lawyer
• Accountant war: NZ Institute 'reactive'
The accounting body claims NZICA defamed it in speeches by chief executive Kristen Patterson at industry events and breached the Fair Trading Act in statements in flyers and advertisements, which included comparisons and allegedly misrepresented issues such as potential earnings, numbers of accountants, global reach and educational standards.
It was "very clear it was an ambush against CPA," Galbraith told the court. He said NZICA's defamation defence of truth, honest opinion, based on true facts, and qualified privilege failed, as parts of Patterson's speech were incorrect and because the statements by a chief executive, who was a voice of authority, were likely to be repeated.