24 Oct 2019
WHITE AND CRUMMER TRUSTEES NO. 82 LIMITED v BRKIC [2019] NZCA 514
- Citation
- [2019] NZCA 514
- Court
- Court of Appeal
The Court upheld the High Court finding that the appellant failed to prove the alleged fraud; the commercial context made it unlikely the vendor would give warranties, documentary chronology and inconsistencies undermined the appellant's account, forensic evidence was inconclusive, and the appellant's failure to call key witnesses warranted an adverse inference; therefore vendor finance was enforceable and the appeal was dismissed.