31 Aug 2023
ENA HOLDINGS LTD v ADMIRALTY LODGE MOTEL (2016) LTD [2023] NZCA 409
- Citation
- [2023] NZCA 409
- Court
- Court of Appeal
Summary judgment was inappropriate because appellants raised arguable defences that statements by the respondent's director about future profitability and non‑disclosure of material issues (impending change of use and unit performance complaints) could amount to misleading or deceptive conduct and potentially induced the appellants' decisions with a sufficient causal nexus to loss; consequently the High Court summary judgment was set aside and the matter must proceed to trial for determination of liability and quantum; applications to adduce new evidence were declined and cross‑appeal dismiss…