Philip William Routhan and Julie Veronica Routhan as Trustees of the Kaniere Family Trust v PGG Wrightson Real Estate Limited - SC 45/2023
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Summary
Civil Appeal and Cross-Appeal
Result
A The application for an extension of time to apply for leave to cross-appeal is granted.
B Leave to appeal and cross-appeal is granted in part (PGG Wrightson Real Estate Ltd v Routhan [2023] NZCA 123).
C The approved question is whether the Court of Appeal was correct in varying the damages awarded in the High Court.
D The applications for leave to appeal and cross-appeal are otherwise dismissed.
22 September 2023
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A The appeal is allowed. We fix damages payable by the respondent at $780,500, with interest as specified at [234].
B The cross-appeal is dismissed.
C The respondent must pay the appellants one set of costs of $50,000 plus usual disbursements. We allow for second counsel.
26 June 2025
Date of Hearing
11 March 2024 — 12 March 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Kós and Miller JJ | Venue: Christchurch High Court Courtroom 12
Case Synopses
Submissions from counsel
- Hearing 11 and 12 March 2024 Appellant submissions (PDF 12 MB)
- Hearing 11 and 12 March 2024 Respondent submissions (PDF 1.5 MB)
- Hearing 11 and 12 March 2024 Cross Appellant submissions (PDF 221 KB)
- Hearing 11 and 12 March 2024 Cross Respondent submissions (PDF 354 KB)
- Hearing 11 and 12 March 2024 Joint Chronology (PDF 258 KB)
- Hearing date 11 and 12 March 2024 Appellant oral outline (PDF 934 KB)
- Hearing date 11 and 12 March 2024 Cross Respondent oral outline (PDF 174 KB)
- Hearing date 11 and 12 March 2024 Respondent oral outline (PDF 258 KB)