28 Jun 2022
KUSABS AND ORS AS TRUSTEES OF THE TUMUNUI LANDS TRUST v STAITE AND ORS AS TRUSTEES OF THE WHAOA NO 1 LANDS TRUST [2022] NZCA 270
- Citation
- [2022] NZCA 270
- Court
- Court of Appeal
The Court granted the application to recall its 2019 judgment because the omission to consider whether Mr Moke was conflicted and in breach of fiduciary duty, and whether alternative equitable relief should have been ordered, was material; coupled with the Supreme Court's reservation and encouragement to re-engage, these circumstances justified reopening the appeal to determine those issues.