Under investigation for accessing the NZTA vehicle register without authority and having his home searched by police, Marc Spring then unsuccessfully sued former bosses Cory Browne and Glenn Tulloch for defamation.
This followed Mr Spring’s search of the NZTA register in February 2020 to identify registration of a Range Rover seen driven by a Mr Mathew Blomfield. The two were in the middle of a personal dispute. Mr Spring discovered the vehicle was registered to Mr Blomfield’s wife. He earned the ire of Mr Blomfield after reporting this fact to the liquidator of a company Mr Blomfield was involved with.
The High Court was told Mr Blomfield then laid a complaint with police, suspecting Mr Spring had improperly accessed the NZTA register as part of their personal dispute. Police learnt that Mr Spring had been previously employed by Corporate Cars Ltd, now known as Clearance Cars Ltd. At Corporate Cars, he had logon authority to the NZTA register for work purposes. After March 2019, he worked with Corporate Cars as a contractor. A company administrator facilitated his continued use of Corporate Cars access to the register.
Evidence was given that the then directors of Corporate Cars, Cory Browne and Glenn Tulloch, were not fully aware of Mr Spring’s ongoing access.
When asked by both Mr Blomfield and police if Corporate Cars had authorised the Blomfield search, each said no. Mr Spring sued, claiming $800,000 for injurious falsehood. He had access to the NZTA register with permission of Corporate Cars and it was defamatory for Mr Browne and Mr Tulloch to suggest otherwise, he said.
Injurious falsehood is an economic tort. It requires proof false statements were made recklessly or maliciously to a third person causing monetary loss.
Justice Tahana ruled neither Mr Browne nor Mr Tulloch were liable. They did not make any false statement. When asked if Corporate Cars had authorised the improper Blomfield search, they answered no. This was true.
Corporate Cars only became aware of Mr Spring’s misuse of the register after NZTA cut off access. This followed a complaint by Mr Blomfield to NZTA that Corporate Cars workplace access was being used for unauthorised purposes.
Spring v. Browne – High Court (17.05.23)
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