28 Nov 2017
CLODE v SULLIVAN [2017] NZCA 548
- Citation
- [2017] NZCA 548
- Court
- Court of Appeal
The Court confirmed the High Court's finding that the PSAs and assignments were shams (not reflecting the parties' true intention) and that the appellant made assertive, misleading representations which induced the trustees to enter the settlement; that conduct contravened s 9 FTA, caused loss under s 43, and justified the remedy granted (voiding the agreement and repayment), so the appeal was dismissed.