19 Feb 2015
TAURANGA LAW v JOHN APPLETON AND NATALIE MARIE RYAN AS TRUSTEES OF THE APPLETON FAMILY TRUST [2015] NZSC 3
- Citation
- [2015] 1 NZLR 814
- Court
- Supreme Court
The Supreme Court allowed the appeal because the trial judge was entitled to prefer the contemporaneous documents and conduct over later assertions; the 31 May letter and contract indicated the deposit was advanced for the vendor's use and the purchaser's lack of reaction showed he would have proceeded regardless, so the breaches did not, on the balance of probabilities, cause the loss of the deposit.