RONALD MERVYN LLOYD AND JOHN ANDREW LLOYD AND STEVEN MARLIN LLOYD V DANIELA MARAMA AND ANOR HC ROT CIV 2009-463-000172

RONALD MERVYN LLOYD AND JOHN ANDREW LLOYD AND STEVEN MARLIN LLOYD V DANIELA MARAMA AND ANOR HC ROT CIV 2009-463-000172

The judge was satisfied the plaintiffs identified and proved their losses by affidavit and expert evidence, and therefore ordered the specified compensatory awards, interest under the Judicature Act 1908, and costs on a category 2B basis, with liability imposed jointly and severally on the named defendants.

Citation
openlaw-8d081621_2dd9_42bd_9cad_4d64bebb0ff0.pdf
Parties
Plaintiff: Ronald Mervyn Lloyd; Plaintiff: John Andrew Lloyd; Plaintiff: Steven Marlin Lloyd; Defendant: Daniela Marama; Defendant: Kevin John Busch; Defendant: Helena Garvin; Defendant: David Galvin; Defendant: Eric Robin Lloyd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 November 2010
Procedural Posture
Civil Conversion and Breach of Contract / Judgment (formal Proof)
Outcome
Judgment for the plaintiffs against the first, second, third and fifth defendants, jointly and severally.
Legal Topics
Conversion, Breach of Contract, Damages, Interest, Costs, Loss of Opportunity
Civil Property Contract Tort Remedies Conversion Breach of Contract Damages +3 more

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Parties

Ronald Mervyn Lloyd

Plaintiff

John Andrew Lloyd

Plaintiff

Steven Marlin Lloyd

Plaintiff

Daniela Marama

Defendant

Kevin John Busch

Defendant

Helena Garvin

Defendant

David Galvin

Defendant

Eric Robin Lloyd

Defendant

Procedural Posture

Civil Conversion and Breach of Contract / Judgment (formal Proof)

Legal Issues

  1. 1 Whether defendants are liable for conversion
  2. 2 Whether defendants breached contract
  3. 3 Quantification of damages for loss of land

Ratio Decidendi

The judge was satisfied the plaintiffs identified and proved their losses by affidavit and expert evidence, and therefore ordered the specified compensatory awards, interest under the Judicature Act 1908, and costs on a category 2B basis, with liability imposed jointly and severally on the named defendants.

Court Disposition

Judgment for the plaintiffs against the first, second, third and fifth defendants, jointly and severally.

Orders

  • First, second, third and fifth defendants jointly and severally ordered to pay $324,958.55 for the loss of the land
  • First, second, third and fifth defendants jointly and severally ordered to pay damages of $740,000 for the loss of opportunity from 1 April 2003 to 31 August 2010