HUMPHRIES V EDINBOROUGH HC AK CIV-2009-404-3735

HUMPHRIES V EDINBOROUGH HC AK CIV-2009-404-3735

The court held there was sufficient evidence that the agent's statements could have been untrue as to the weathertightness of the building at the time made, so the defendants have an arguable defence to specific performance based on misrepresentation; accordingly summary judgment for specific performance was refused...

Source-derived case information.

Citation
openlaw-57e1179b_03a8_4325_b27b_f7ddcb51966d.pdf
Parties
Plaintiffs: Clifford Humphries and Doreen Humphries as trustees of the C&D Humphries Family Trust (Surfers Paradise, Queensland, Australia); Defendants: Martin Phillip Edinborough and Sharon Margaret Edinborough as trustees of the Edinborough Family Trust (Auckland)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 November 2009
Procedural Posture
Civil Sale and Purchase / Specific Performance (summary Judgment Application) / Summary Judgment Application (reserved Judgment Delivered)
Outcome
Summary judgment for specific performance refused; defendants have a tenable defence; matter set for further directions; costs reserved.
Legal Topics
Misrepresentation, Cancellation, Specific Performance, Weathertightness, Contractual Remedies Act 1979
Contract Property Trusts Civil Procedure Misrepresentation Cancellation Specific Performance Weathertightness +1 more

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Parties

Clifford Humphries and Doreen Humphries as trustees of the C&D Humphries Family Trust (Surfers Paradise, Queensland, Australia)

Plaintiffs

Martin Phillip Edinborough and Sharon Margaret Edinborough as trustees of the Edinborough Family Trust (Auckland)

Defendants

Procedural Posture

Civil Sale and Purchase / Specific Performance (summary Judgment Application) / Summary Judgment Application (reserved Judgment Delivered)

Legal Issues

  1. 1 Whether pre-contractual statements by the vendor's agent amounted to actionable misrepresentations under the Contractual Remedies Act 1979
  2. 2 Whether the purchasers have an arguable defence to an order for specific performance based on alleged misrepresentations
  3. 3 Whether the available evidence (including the Prendos report) supports the possibility that weathertightness defects existed at the time the statements were made

Ratio Decidendi

The court held there was sufficient evidence that the agent's statements could have been untrue as to the weathertightness of the building at the time made, so the defendants have an arguable defence to specific performance based on misrepresentation; accordingly summary judgment for specific performance was refused and the matter must proceed for further directions/trial if pursued.

Court Disposition

Summary judgment for specific performance refused; defendants have a tenable defence; matter set for further directions; costs reserved.

Orders

  • Summary judgment for specific performance refused.
  • Matter adjourned to the chambers list on 2 December 2009 at 2:15 pm for further directions.