New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 63 defence
  • 13 Feb 2019

    HOUGHTON v SAUNDERS [2019] NZHC 142

    Citation
    [2019] NZHC 142
    Court
    High Court

    The Court granted leave for Mr Houghton to resume his Securities Act claim and authorised a stage two hearing limited to the plaintiff and individuals from four identified sub-groups to determine: quantification of loss (difference-in-value or total subscription loss), availability of s 63 defences, and Fair Trading Act claims. The Court recognised the sub-groups for case management purposes but held that evidence from a witness may not be treated in advance as applying to all members of a sub-group; sampling evidence may be pursued but its use to bind others is novel and unlikely to succeed…