13 Jun 2013
POPLAWSKI & ANOR V PRYDE CA555/2012 [2013] NZCA 229
- Citation
- (2013) 13 TCLR 565
- Court
- Court of Appeal
The Court of Appeal held the 22 July 2009 email was capable of misleading and that, applying the Red Eagle two-stage test, a reasonable person in the appellants' situation would likely have been misled; the respondents' misleading conduct was an effective cause of the $350,000 loss but the appellants substantially contributed to that loss, warranting a 50% reduction of compensatory relief under s43, resulting in an award of $175,000 plus interest and apportioned costs.