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Derek Nicholas Blackwell and Charles Basil Blackwell as Executors and Trustees of the Estate of Ross Winston Blackwell v Leith Roger Chick and Rosemary Chick and Edmonds Judd - SC 30/2015

Media releases

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicants’ lack of mental capacity and unconscionable bargain defences in CA 481/2013 – Whether the Court of Appeal erred in holding that the deceased had sufficient mental capacity in CA 476/2013 – Whether the Court of Appeal erred in holding there was no causation as to the lawyer’ s negligent advice and the loss suffered by the deceased.[2015] NZCA 34  CA 481/2013; CA 476/2013

Result

A The application for leave to appeal in CA 481/2013 is dismissed.
B Costs of $2,500 are payable by the applicants to the first respondents.
C  The application for leave to appeal in CA 476/2013 is granted.
D  The approved question is whether the Court of Appeal was correct in its conclusion that, on the findings in the High Court, the negligence of the second respondent caused no loss.
19 June 2015
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A The appeal is allowed.  Judgment is given for the appellants in the sum of $1,000,000.                                        
B Interest of five per cent is ordered from the date of settlement by Mr and Mrs Chick of the purchase of the farm.   
C The respondent is to pay costs of $25,000 to the appellants plus all reasonable disbursements, to be fixed if necessary by the Registrar.                                                        
D The costs order in the Court of Appeal (CA476/2013) is set aside.  Costs in that Court and in the High Court should be set by those Courts in light of this judgment.                              
22 April 2016

Hearing Transcripts

Related Documents

Court of Appeal decision — BLACKWELL V CHICK CA481/2013 [2015] NZCA 34 [27 February 2015]

Leave judgment - leave granted — DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL as Executors and Trustees of the Estate of ROSS WINSTON BLACKWELL v LEITH ROGER CHICK AND ROSEMARY CHICK [2015] NZSC 85 [19 June 2015] (PDF 156 KB)

Substantive judgment — DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ROSS WINSTON BLACKWELL v EDMONDS JUDD [2016] NZSC 40 [22 April 2016] (PDF 205 KB)

Recall judgment — DEREK NICHOLAS BLACKWELL AND CHARLES BASIL BLACKWELL AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ROSS WINSTON BLACKWELL v EDMONDS JUDD [2016] NZSC 65 [15 June 2016] (PDF 76 KB)