21 Nov 2016
KUNG v FITTON [2016] NZHC 2775
- Citation
- [2016] NZHC 2775
- Court
- High Court
The High Court allowed the appeal in part because the District Court judge erred by over-relying on an accountant's affidavit beyond the limited admissible purpose given the maker was unavailable and the affidavit was incomplete and out of date, made an arithmetical error in computing net entitlement, and misapplied burden principles; key legal conclusions were that the deed did not extend to the later unadvised $20,200 loan, and specific set-offs were identified (buffer $13,871.22; half the surplus $8,257.31; payments $29,556.86), but final quantum must be remitted to the District Court for…