7 May 2018
MCALISTER v LAI [2018] NZCA 141
- Citation
- [2018] NZCA 141
- Court
- Court of Appeal
On the facts the Court of Appeal held Mr Lai personally engaged in misleading or deceptive conduct under s 9 by calculating and presenting a convertible note in the claimant's presence based on an equity figure ($8.5m) that he knew (at least as to the CPE component) was incorrect, thereby adopting the misrepresentation; s 43(1)(d) does not qualify s 43(1)(a); remedy for loss is appropriate and the matter is remitted to the High Court to quantify damages and interest.