4 Aug 2015
KENNETH ANGUS HOLMES v KIRIWAI CONSULTANTS LIMITED [2015] NZSC 120
- Citation
- [2015] NZSC 120
- Court
- Supreme Court
Leave was denied because the challenged points were fact-specific and lacked public importance; the pleading deficiency did not produce meaningful prejudice so substance prevailed; the finding of a fact-based fiduciary duty was an orthodox application of special-facts doctrine; and the Court of Appeal permissibly conducted a fact-based probability assessment of the PTL transaction and adjusted fair value under s 149 accordingly.