Stout Shield finalists debate vicarious liability

A cancelled music festival that incurred millions of dollars of debt, including a $2 million loss to one investor, was the fictional setting for this year’s Stout Shield problem, held at the High Court in Auckland earlier this month.

Stout Shield winners Diana Qiu and Michael Greatrex

Appealing the fictional judgment in Lindsay v Scott by Justice Nisbett, the debate focused on the lower court’s findings that Tim Scott known as DJ Scoop, was vicariously liable for his agent Paul Hansen’s misrepresentation to music festival investor Lucy Lindsay; and that he was liable for the full loss suffered in respect of her loan.

Competing before Justice Jagose of the High Court, and Tim Fitzgerald and Natasha Garvan from Bell Gully, the four finalists Michael Greatrex and Diana Qiu, and Jodie Llewellyn and Daniel Maier-Gant presented outstanding performances, in front of a live audience in historic Court Room One.

Acknowledging excellent arguments from both sides, the Moot Court Judges selected law students Michael Greatrex and Diana Qiu as the joint winners of the 2019 Stout Shield. By virtue of this win, both students were also awarded the Gary Davies Memorial Prize. 

Acknowledging excellent arguments from both sides, the Moot Court Judges selected law students Michael Greatrex and Diana Qiu as the joint winners of the 2019 Stout Shield. By virtue of this win, both students were also awarded the Gary Davies Memorial Prize.

The winner of the Geoffrey Powell Prize for Best Mooter was awarded to Diana Qiu.

The Stout Shield, commemorating Sir Robert Stout, is the University of Auckland’s most prestigious mooting competition. Sir Robert Stout was a law teacher, Attorney General, Prime Minister and the Chief Justice of New Zealand. The competition was first held during Professor Stone’s deanship in 1940, and many of its winners and finalists have gone on to great things in the legal profession.

The winning students Michael Greatrex and Diana Qiu will go on to represent the University of Auckland in the national competitions, and in Australia.

The Auckland Law School would like to thank Bell Gully as sponsors of the Stout Shield and for providing the mooting problem, as well as Tiaan Nelson, Carter Pearce and Hannah Reid for judging the preliminary rounds; and Justice Jagose of the High Court, and Tim Fitzgerald and Natasha Garvan from Bell Gully for judging the finals.

 

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