5 Jun 2013
WAGNER v GILL [2013] NZHC 1304
- Citation
- [2013] NZHC 1304
- Court
- High Court
Plaintiff's conspiracy claims dismissed: although combinations/transactions between Gill and his companies occurred and some conduct (transfer of NBNZ contract) breached fiduciary duties, the evidence did not establish that conspirators acted with dominant purpose to injure the plaintiff or that qualifying unlawful means existed as instrument of the loss; moreover, even if some breaches existed, the companies were effectively insolvent and the plaintiff would not have recovered the arbitral award in any event, so causation of the pleaded loss was not established.