14 Mar 2013
WELLTUS LTD v. FORNTON KNITTING CO LTD
- Citation
- WELLTUS LTD v. FORNTON KNITTING CO LTD
- Court
- Court of Appeal
- Case number
- CACV268/2011
The appeal was allowed in part because the trial judge failed to address a critical pleaded issue of acceptance of delivered goods and did not give adequate reasons on key credibility and expert-evidence disputes; the counterclaim contained errors in quantification and lacked sufficient reasoned analysis; accordingly the trial judgment was set aside, partial judgment for Plaintiff for $33,981.26 was entered by concession, and the balance of claims and the Defendant's counterclaim were remitted for retrial before another judge.