9 Oct 2018
ROBERT HOANI CLIFFORD CRIBB AND KAREN LYNNE STEVENS v FM CUSTODIANS LIMITED [2018] NZSC 90
- Citation
- [2018] NZSC 90
- Court
- Supreme Court
Leave is refused because s 139(1)(c) Property Law Act 2007 supports the view that FM was in possession or entitled to possession such that it could sue for trespass and the applicants' contrary argument has insufficient prospects of success; alternatively FM was an involuntary bailee entitled to recover reasonable preservation costs.