New Zealand Case Law: Decisions & Judgments

Topic

Causation in negligence

Legal area

Court

22 Apr 2016

DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ROSS WINSTON BLACKWELL v EDMONDS JUDD [2016] NZSC 40 [22 April 2016]

Citation

[2016] NZSC 40
Court

Supreme Court

The Supreme Court held Edmonds Judd's failures (inadequate advice, failure to record advice, and failure to secure independent advice given the conflict) caused loss. Competent advice would, on balance, have produced contractual terms preventing exercise of the option during Ross' lifetime and a market‑adjusted exercise price after the initial three years at a discount (assessed at 20% midpoint), resulting in a notional 2010 exercise price of $2,500,000; actual exercise produced loss of $1,000,000. Accordingly appeal allowed and damages awarded with interest and costs.
19 Jun 2015

DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL as Executors and Trustees of the Estate of ROSS WINSTON BLACKWELL v LEITH ROGER CHICK AND ROSEMARY CHICK [2015] NZSC 85

Citation

[2015] NZSC 85
Court

Supreme Court

Leave to appeal was refused on capacity and unconscionability because no substantive legal question of public importance arose and concurrent factual findings below were not susceptible to review; leave was granted on causation because the Court of Appeal's conclusion that solicitor negligence caused no loss raised a question suitable for Supreme Court consideration, given the High Court findings that proper advice would likely have produced different contractual protection.
27 Feb 2015

BLACKWELL V CHICK CA481/2013 [2015] NZCA 34

Citation

[2015] NZCA 34
Court

Court of Appeal

Court of Appeal dismissed the Blackwells' appeal on lack of capacity and unconscionability: factual findings that Ross understood the general nature of the 2004, 2005 and 2007 transactions and intended to confer concessionary terms on the Chicks were upheld; the cross-appeal by the Chicks was dismissed. On Edmonds Judd's appeal the Court allowed the appeal: although Edmonds Judd breached duties in failing to explore and record implications and conflicts, the Blackwells failed to prove causation — on the balance of probabilities Ross would not have acted differently given his established inten…
31 Mar 2006

GIBSON V FISHER HC AK CIV 2005-404-006871

Citation

openlaw-a68228ee_3271_4742_ad35_960edc14c22c.pdf
Court

High Court

Threshold for security under r 60 was established (plaintiff impecunious and resident abroad); on merits the claim had little or no apparent merit because defendant had ceased acting before the adverse outcomes and causation between defendant's conduct and plaintiff's impecuniosity was not made out; balancing favoured defendant; security for costs ordered in the sum of NZD 15,000 staged to completion of discovery and proceeding stayed until paid, with leave to revisit security and costs to defendant for the application.

New Zealand Case Law

DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ROSS WINSTON BLACKWELL v EDMONDS JUDD [2016] NZSC 40 [22 April 2016]

DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL as Executors and Trustees of the Estate of ROSS WINSTON BLACKWELL v LEITH ROGER CHICK AND ROSEMARY CHICK [2015] NZSC 85

BLACKWELL V CHICK CA481/2013 [2015] NZCA 34

GIBSON V FISHER HC AK CIV 2005-404-006871