Rodney Mark Gibson and Habode IP Limited v Richard John Curtis and Curtis Holdings Limited - SC 94/2011

Summary

Civil – Existence of Joint Venture – Jurisdiction – Judicature Act 1908, s66 – Costs – Whether Court of Appeal exceeded its jurisdiction by hearing argument not put in issue in High Court as to existence of joint venture – Whether Court of Appeal made factual findings inconsistent with evidence presented, particularly as to the Australian company Habode Holdings Ltd – Whether Court of Appeal made factual findings for which there was no evidential basis – Whether Court of Appeal misapplied the test for determining imposition of joint venture obligations – Whether correct approach taken to costs. [2011] NZCA 373  CA 368/2010 CA 285/2010

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