10 Apr 2017
NEEDHAM v SAMY TRUSTEE LIMITED [2017] NZCA 117
- Citation
- (2017) 24 PRNZ 184
- Court
- Court of Appeal
The appeal is dismissed because the ground that STL had to discharge its mortgage before receiving shares was not properly pleaded and the evidence was incomplete and unsatisfactory on that factual issue; the MOA could not be construed in isolation given subsequent conduct and the Addendum, and it would be unfair to decide the new contention on the deficient record.