10 May 2022
JEREMY WALTER CLAXTON v SMITHS CITY (SOUTHERN) LIMITED (IN RECEIVERSHIP) [2022] NZCA 173
- Citation
- [2022] NZCA 173
- Court
- Court of Appeal
Leave to appeal was refused because the contested questions principally raised findings of fact and did not have reasonable prospects of success on the legal points advanced: the funding arrangement was a lawful business sale not an impermissible assignment giving rise to abuse of process; the consent defence failed on the factual findings (subterfuge and breach of fidelity); and the damages assessment was a reasonable exercise based on the best available evidence and expert agreement.