Hitchcock v Cameron - [1977] 1 NZLR 85

Practice — Appeals to Supreme Court — Unsuccessful purchaser in action for price of horse sold pending appeal put horse up for sale but not sold — Right of appeal not abandoned thereby.

Sale of goods — Acceptance — Buyer's loss of right of rejection — Acts of ownership — Sale of horse with certificate of fitness — Horse lame — Vendor successfully suing for price — Appellant appealed — Pending appeal appellant put up horse for auction but not sold — Ownership affirmed.

Evidence — Expert evidence — Qualifications for primarily in the discretion of trial court and appellate court will not revise exercise of discretion unless no evidence of expert qualifications or received upon erroneous legal standards — Custom or usage to be proved as a fact but is rebuttable by evidence of non-existence.