31 May 2017
GOLDEN GARDEN LIMITED v ZHAO AND ANOTHER [2017] NZCA 227
- Citation
- [2017] NZCA 227
- Court
- Court of Appeal
The Court of Appeal allowed the appeal, granted leave to adduce further evidence undermining the High Court finding that the director understood English, and held that if the appellant's evidence is accepted it discloses an arguable non est factum defence (document fundamentally different from intended and potentially reasonable reliance on the agent) such that summary judgment was inappropriate and the matter must proceed to trial.