13 Aug 2015
MCLEAN v MARSHALL [2015] NZCA 370
- Citation
- [2015] NZCA 370
- Court
- Court of Appeal
The trial judge erred by misconstruing the appellant's claim as costs to complete an unfinished system rather than costs to restore the source code to its termination-state; because liability for the breach (failure to provide termination-date source code) was found but evidence of quantum and causation was inadequately addressed, the dismissal of the $103,033.08 claim was set aside and the question of quantum remitted for rehearing so the specific loss and its causation can be properly proven.