16 Sept 2020
MSC CONSULTING GROUP LIMITED v OYSTER MANAGEMENT LIMITED [2020] NZCA 417 [15 September 2020]
- Citation
- [2020] NZCA 417
- Court
- Court of Appeal
Appeal dismissed: on the pleaded facts the negligent misstatement claim was not plainly hopeless because key proximity questions (knowledge of purpose/recipient and reasonableness of reliance) and the effect of the DEE limitation clause raised disputed factual and industry‑practice issues that require trial; accordingly summary judgment/strike out was not appropriate and the respondents must amend their statement of claim to particularise basis for proximity.