4 Feb 2021
OHL LIMITED v JOHNS [2021] NZHC 77
- Citation
- [2021] NZHC 77
- Court
- High Court
Because the defendant secretly contracted to harvest and sell the forest and concealed that conduct from OHL, and because the asset was a growing crop whose value predictably rose with market prices, the correct date to assess damages is a later notional sale date (court adopted 15 May 2019). The Court preferred Clarke/PF Olsen methodology and valuation (adjusted to agreed 63.5ha) over Manners' arbitrary TRV reductions because Manners failed to comply with the basis rule and could not justify detailed adjustments; spoliation principles and factual findings about soils, stocking and harvesting…