25 Aug 2022
BFW LTD v SHI [2022] NZHC 2136
- Citation
- [2022] NZHC 2136
- Court
- High Court
Leave to adduce further evidence on appeal was refused because the proffered evidence linking BFW to the trade name was not fresh and could, with reasonable diligence, have been produced at the District Court; the appellant failed to put its best case below and these are not exceptional circumstances; additionally the appellant showed only a trivial reduction in turnover and no demonstrated profit loss sufficient for a corporate defamation claim, so dismissing the appeal was appropriate.
- Summary judgment
- Further evidence on appeal (r 20.16 high court rules)
- Leave to extend time
- Pecuniary loss for corporate claim
- Meaning and seriousness of defamatory meaning