24 Sept 2010
LOCKWOOD AND WADHAM GOODMAN TRUSTEES LIMITED AS TRUSTEES OF THE ISLAND TRUST V BOSTIK NEW ZEALAND LIMITED CA CA381/2009
- Citation
- openlaw-a403fb95_9700_426d_9a5f_e3cdf21b990b.pdf
- Court
- Court of Appeal
The Court allowed the appeal and remitted the proceeding to the High Court because Andrews J gave inadequate reasons when rejecting the appellants' evidence on the falsity of the representation; on the material before her she lacked an adequate basis to dismiss the expert evidence and failed to properly assess product literature, expert evidence and the reactivation issue; the High Court must reconsider whether the representation was false, addressing causation and reactivation evidence.