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Westpac New Zealand Limited v Map & Associates Limited - SC 98/2010

Media releases

Summary

Civil – Knowing assistance in breach of trust – Whether the Court of Appeal erred in holding that Westpac did not have reason to refuse to follow the instructions of its account holder – Whether the Court of Appeal erred in its application of s 87 of the Judicature Act 1908.[2010] NZCA 404 CA 193/2009 6 September  2010.

Result

A  The application for leave to appeal is granted.
B  The approved ground of appeal is whether the Court of Appeal was correct in holding that Westpac had breached its mandate.
C  The application for leave to cross-appeal is refused. 
2 February 2011
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The appeal is dismissed. The appellant is to pay the respondent costs in the sum of $15,000.00 plus disbursements to be fixed, if necessary, by the Registrar.
16 August 2011

Related Documents

Leave judgment - leave granted — WESTPAC NEW ZEALAND LIMITED v MAP & ASSOCIATES LIMITED SC 98/2010 [2 February 2011] (PDF 16 KB)

Substantive judgment — WESTPAC NEW ZEALAND LIMITED v MAP & ASSOCIATES LIMITED SC 98/2010 [16 August 2011] (PDF 131 KB)

Additional Information

Transcript

Hearing date : 31 May 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.