14 May 2015
Leave to appeal was dismissed because the contested conversion issue was a fact‑specific question of contractual interpretation of an unusual clause; it did not raise a point of general or public importance nor an appearance of miscarriage of justice, so leave was not justified.
19 Dec 2014
The Court held that the Glaister Ennor letter did not constitute a formal notice/demand under cl 6.1(1)(d) but did constitute notice under the broader cl 7.1(6)(b) warranty; respondent breached cl 7.1(6)(b) by failing to disclose that fact, appellants were entitled to damages assessed on a diminution in value basis at $50,000, that award is to be set off against the US$127,750 mortgage instalment converted to NZD at the exchange rate on the due date (25 May 2009), producing a net judgment for the respondent of $154,073.48 plus interest; leave to amend was properly granted and costs and High C…
2 Apr 2012
Because the advances were established by affidavit and not defended, the claim was a liquidated demand and the plaintiff was entitled to judgment for the advanced sums converted to NZD, plus adjudicature interest and costs.