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Peter Daniel Staite, Jean Tanirau-Carstyon, Lynette Kathleen Palmer and Chynelle Picard as trustees and as representatives of the beneficiaries of the Whaoa No 1 Lands Trust v Andrew Marutuehu Kusabs, Donald Mairangi Bennett, Julian Kumeroa Keepa and W - SC 102/2019

Summary

Civil Appeal – Whether the Court of Appeal erred in setting aside the High Court’s order for rectification of the Tumunui Lease without determining an alternative remedy – Whether the Court of Appeal erred in determining that a fiduciary duty was not relevant to the determination of the appeal – Whether the Court of Appeal erred in applying Fenwick v Naera ([2015] NZSC 68).

Result

A The application for leave to amend the application for leave to appeal is granted.
B The application for leave to appeal is dismissed with leave reserved as set out in [16] of judgment.
C No order as to costs.
18 February 2020

Hearing Transcripts

Related Documents

High Court decision — STAITE v KUSABS [2017] NZHC 416 [13 March 2017]

Court of Appeal decision — KUSABS v STAITE [2019] NZCA 420 [9 September 2019]

Leave judgment - leave dismissed — PETER DANIEL STAITE & ORS v ANDREW MARUTUEHU KUSABS & ORS [2020] NZSC 6 [18 February 2020] (PDF 86 KB)