Tauranga Law v John Appleton and Natalie Marie Ryan as trustees of the Appleton Family Trust and John Appleton. - SC 108/2013
Summary
Civil Appeal – Negligence – Whether the Court of Appeal erred in its approach to the issue of causation in particular whether, if properly advised, the applicant would nevertheless have entered the transaction.[2013] NZCA 420 CA 858/2011
Result
A. Leave to appeal is granted.
B. The approved ground of appeal is whether the Court of Appeal’s judgment was correct on the issue of causation.
B. The approved ground of appeal is whether the Court of Appeal’s judgment was correct on the issue of causation.
18 November 2013
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A The appeal is allowed.
B The respondents are to pay the appellant costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary).
C The costs order made in the Court of Appeal are set aside and any costs order in the High Court is reinstated. If costs cannot be agreed for the Court of Appeal, costs should be set by that Court in the light of this judgment.
19 February 2015
Additional Information
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.