2 Mar 2009
SUSAN ELIZABETH DAVID AND ANOR V TFAC LIMITED AND ANOR CA CA26/2008
- Citation
- openlaw-3bdb2e9b_fcb9_42e3_a0e9_f0afc1ff5d19.pdf
- Court
- Court of Appeal
On the facts at the time the contract was entered the appellants had a reasonable basis to believe the Australian JHS system could succeed in New Zealand; there was no proven misleading or deceptive conduct as found by the High Court and, given the repeated and prominent requirement for independent legal, accounting and business advice, it was unreasonable for the respondents to rely on pre-contractual assurances alone; appeal allowed and counterclaim relief deferred for consideration of mitigation.