23 Jul 2008
NEW ZEALAND EXCHANGE LIMITED V BANK OF NEW ZEALAND AND ORS SC 13/2008
- Citation
- SC 13/2008
- Court
- Supreme Court
Leave to appeal was refused because the relevant Exchange rules were materially changed after the events, so the duty question lacked general importance, and the disputed issues of causation and attribution were fact dependent and unsuitable for resolution on a strike‑out application; therefore the matter should proceed to trial and, if necessary, return on appeal with factual findings in place.