7 Oct 2022
The applicant failed to demonstrate any error of law in the Labour Tribunal's decision; the High Court will not re‑open or overturn the tribunal's factual and credibility findings on an application for leave to appeal; accordingly leave to appeal is refused and the tribunal's deductions of the payments stand.
2 Feb 2001
The judge clarified that (1) unpaid rental reimbursements, post‑vacating rental expenses and removal expenses are not recoverable because they were not part of the claims at trial; (2) amounts actually paid to defendants (including mortgage redemption and price difference payments) must be deducted from damages; (3) stamp duty paid on registered option agreements is recoverable; (4) the $400,000 security deposit is forfeited and must be treated as a deduction; and (5) D36 is entitled to recover costs but those costs must be assessed at the damages hearing with full discovery.