17 Apr 2007
BURNS AND BURNS V ANZ NATIONAL BANK OF NEW ZEALAND SC 97/2006
- Citation
- SC 97/2006
- Court
- Supreme Court
Leave to appeal dismissed because the Court of Appeal correctly found that although inadequate discovery amounted to a misrepresentation, the undisclosed documents would not have assisted the applicants to establish the necessary brokerage/agency relationship and therefore the misrepresentation did not induce the settlement; materiality is a relevant factor but the Court of Appeal did not err by focusing on whether the content of the undisclosed documents would have changed the applicants' decision.
- Misrepresentation
- Inducement
- Cancellation of contract
- Discovery
- Materiality
- Contractual remedies act 1979 s 7