4 Apr 2012
DIVER V LOKTRONIC INDUSTRIES LIMITED COA CA258/2011
- Citation
- DIVER V LOKTRONIC INDUSTRIES LIMITED COA CA258/2011
- Court
- Court of Appeal
Appeals allowed because the Court of Appeal found the High Court erred in attributing the requisite subjective knowledge/intent (including wilful blindness or constructive indifference) to appellants for inducing breach and unlawful means; subjective suspicion of a high probability of a contract plus deliberate avoidance was required and the evidence did not establish that state of mind for the appellants, particularly given oral contracts and assurances/indemnities; accordingly the High Court's award of $1,420,721 plus interest was set aside; NHEL's appeal on exclusivity was dismissed (aband…