4 Jun 2020
FOREST HOLDINGS LTD v MANGATU BLOCKS INC [2020] NZCA 212
- Citation
- [2020] NZCA 212
- Court
- Court of Appeal
Special leave was declined because the arbitrator's uncontested factual findings showed only speculative, negligible chances of any commercial recovery such that there was no realistic prospect of more than nominal damages on appeal; legally, where the decisive contingency is how the defendant would have acted damages are to be assessed on the assumption the defendant would have chosen the least onerous option (balance of probabilities), so FHL's loss‑of‑chance approach was not applicable and no arguable question of law justified further appeal.