12 Sept 2023
GAPES v DEMPSEY WOOD CIVIL LTD [2023] NZCA 435
- Citation
- [2023] NZCA 435
- Court
- Court of Appeal
The Court affirmed the High Court's finding that the 12 November 2015 email was objectively misleading in context and was reasonably relied upon by Dempsey Wood to continue works, causing foreseeable loss which the Judge permissibly quantified on the available evidence; Companies Act orders were set aside by concession because losses were subsumed in the FTA award.
- Director duties
- Misleading and deceptive conduct
- Causation of loss
- Quantification of damages
- S301 companies act relief
- S43 fair trading act remedies