29 Jul 2021
KELLER v DAISLEY [2021] NZCA 351
- Citation
- [2021] NZCA 351
- Court
- Court of Appeal
The Court of Appeal allowed the Kellers' appeal in the main proceedings: the High Court's award of $541,721 as equitable compensation for failure to issue Ark shares was set aside because the claim for non-issuance was not pleaded, was raised only in closing without formal amendment and caused procedural unfairness and prejudice; moreover there was no basis to characterise the contractual obligation to procure share issue as a fiduciary obligation. The Depot appeal was allowed in part (increase to fence panel damages by $577.50) and the chattel conversion appeal otherwise dismissed; the appea…