10 Sept 2019
FOREST HOLDINGS LTD v MANGATU BLOCKS INC [2019] NZHC 2258
- Citation
- [2019] NZHC 2258
- Court
- High Court
The High Court held the correct legal position is that loss of chance claims distinguish between hypothetical actions of defendants and third parties: defendant or plaintiff actions must be proved on the balance of probabilities, whereas actions of independent third parties require only proof of a real prospect or substantial chance; applying that law the Court found no reversible error in the Arbitrator's causation analysis but allowed the appeal limited to remitting the award for explicit consideration of damages under s 9 of the Contractual Remedies Act 1979 because the Arbitrator may have…