For a Court ready (fee required) version please follow this link
IN THE COURT OF APPEAL OF NEW ZEALAND
CA858/2011 [2013] NZCA 420
BETWEEN JOHN APPLETON AND NATALIE
MARIE RYAN AS TRUSTEES OF THE APPLETON FAMILY TRUST
First Appellants
AND
JOHN APPLETON Second Appellant
AND
TAURANGA LAW Respondent
Hearing: 22 July 2013 Court:
O’Regan P, French and Winkelmann JJ
Counsel:
D W Grove for Appellants
P J Napier and A K Hyde for RespondentJudgment:
6 September 2013 at 4 pm
JUDGMENT OF THE COURT
A The appeal is allowed.
BJudgment will be entered for the appellants. We seek submissions on the judgment amount as set out in [55] of the Reasons of the Court.
CThe respondent must pay to the appellants costs for a standard appeal on a band A basis and usual disbursements.
DCosts in the High Court should be determined in accordance with this judgment. If an award of costs has been made in the High Court, we set it aside so that costs can be redetermined in accordance with this
judgment.
APPLETON & ANOR v TAURANGA LAW CA858/2011 [2013] NZCA 420 [6 September 2013]
REASONS OF THE COURT
(Given by O’Regan P)
[1] The second appellant, Mr Appleton, invested in a property investment scheme promoted by the group of companies associated with Blue Chip New Zealand Limited (Blue Chip). His investment was funded by the first appellants, the trustees of the Appleton Family Trust, raising money from the Bank of New Zealand on the security of the Appleton family home. Blue Chip referred the appellants to the respondent, Tauranga Law (the law practice of Mr Kevin Olivier) for advice. Mr Appleton’s investment was lost and the Trust and Mr Appleton, who had guaranteed the obligations of the Trust to the Bank of New Zealand in relation to the funds that the Trust borrowed to invest in the Blue Chip Scheme, suffered loss. They sued Tauranga Law for negligence.
[2] The focus of the High Court judgment and of this judgment was on the position of Mr Appleton. We will refer to him in this judgment but note that the Trust also has an interest in the outcome.
[3] In the High Court, Allan J found that the advice given by Tauranga Law was negligent but that Mr Appleton had not established that this negligent advice had caused his loss.1 The appellants appeal against that decision. They argue that on the evidence before the High Court, the Judge should have found that the negligent advice was causative of Mr Appleton’s loss. Tauranga Law supports the Judge’s analysis and, in addition, supports the judgment on the ground that, as Tauranga Law
had specifically advised Mr Appleton that he could lose his deposit, and that was what came to pass, it could not be liable to him because it failed to advise of other
risks.
1 Appleton v Tauranga Law HC Tauranga CIV-2010-070-385, 12 December 2011 [High Court judgment].
Issues on appeal
[4] The parties filed an agreed list…
Continue reading Appleton v Tauranga Law
Sign in free to access the full text
- AGLC
- Appleton v Tauranga Law [2013] NZCA 420
- Case
- [2013] NZCA 420
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.