References: [2004] NZCA 187
Links: NZLII
Coram: McGrath J, Hammond J, O’Regan J
(Court of Appeal of New Zealand) The claimant had settled a dispute with a Health Authority which alleged it had overclaimed for pharmacy supplies. It now claimed that the settlement should be set aside as having been entered into under duress.
This case cites:
- Cited – Heffer and Another -v- Tiffin Green (A Firm) CA (Times 28-Dec-98)
The plaintiff had sued the defendant accountants for negligently understating their business profits by inflating the figure for creditors. As a result, further tax had to be paid. The plaintiffs claimed the penalties and interest on tax paid . . - Cited – Kapur -v- J W Francis and Co CA (Bailii, [1999] EWCA Civ 1430)
Notwithstanding a finding by a High Court Judge that Mr Kapur ‘had shaded the truth’, and ‘lacked frankness in his evidence’, the Court set aside a credibility finding on the basis that not only was there a lack of reasoning as to why the Judge . .