11 Apr 2013
HAMILTON CITY COUNCIL V TOMPKINS & ORS HC AK CIV-2012-404-6529
- Citation
- openlaw-0e37a122_e347_41cf_a148_e79dcb44acc0.pdf
- Court
- High Court
The Tribunal's removal of the second and third respondents was premature and legally erroneous because it treated the unconditional sale agreement as wholly determinative without adequately considering (a) the separate and pleaded position of the co-purchaser who may not have proceeded, (b) established conveyancing options and loss of chance evidenced by affidavit, and (c) disputed factual matters (terms of engagement, whether solicitors saw the reports, causation) requiring further inquiry and cross-examination; accordingly the removal order is reversed and the respondents must remain partie…