15 Jun 2009
MCEWAN (2003) LIMITED V SHARP TUDHOPE HC TAU CIV 2007-470-654
- Citation
- openlaw-b889c688_70bb_4670_ae1b_c657b98c4946.pdf
- Court
- High Court
Sharp Tudhope breached their duty by failing to ensure enforceable personal guarantees were obtained as part of the settlement; Mrs Campbell lacked actual and ostensible authority to bind the other directors personally and Mr Crombie did not give an assurance that cured that lack of authority; the negligence caused a loss of a chance to recover against the directors and damages are assessed at NZD100,000.