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van Heeren v Kidd - [2017] 3 NZLR 141

$30.00

Court of Appeal Wellington
CA247/2015; [2016] NZCA 401
11 and 12 April, 19 August 2016
Harrison, Miller and Cooper JJ
Practice and procedure — Issue estoppel — Whether determination of facts by first court able to be accepted in second court — Whether determination of issues had to be essential and fundamental steps in reasoning of judgment — Whether judgment could stand without issues being determined.
Partnership — Liability of partner — Duty to account — Whether duty to explain and clarify documents to be executed between partners — Whether duty not to misrepresent — Appeal against order that account be taken — Appeal against order that liable partner make interim payment toward settlement of property dispute.
Contract — Indemnity — Misrepresentation — Mistake — Whether indemnity misrepresented to partner — Whether that partner made mistake interpreting indemnity — Whether indemnity applied to companies beyond those recorded in agreement — Whether indemnity void.

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