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…