11 Mar 2016
MACFARLANE v INDEPENDENT REAL ESTATE LIMITED [2016] NZHC 404
- Citation
- [2016] NZHC 404
- Court
- High Court
The appellants failed to prove on the balance of probabilities that the first respondent orally agreed to reduce its commission to $50,000; contemporaneous telephone records and the absence of any credible explanation (such as a call from a different phone) undermined the appellants' account, so the District Court's factual conclusion was correct and must be upheld on appeal.