M C GOODACRE, WYNDHAM TRUSTEES LTD AND BIZ CO TRUSTEE NO. 2 AS TRUSTEES FOR THE GOODACRE INVESTMENT TRUST V NICHOLAS P SIMMONS HC AK CIV 2006-404-001693
The defendant was negligent in the pre-purchase inspection; plaintiffs established causation and the appropriate quantum of principal, special and general damages; the court awarded those amounts plus costs and allowed a credit for the prior settlement, resulting in judgment for $236,233.64 inclusive of costs and...
Source-derived case information.
- Citation
- openlaw-d1c5401b_d756_48f6_a89f_18dd2dcc318f.pdf
- Parties
- Plaintiff: M C Goodacre, Wyndham Trustees Ltd and Biz Co Trustee No. 2 as trustees for the Goodacre Investment Trust; Defendant: Nicholas P Simmons
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 December 2008
- Procedural Posture
- Civil Negligence (pre Purchase Inspection) / Property (leaky Home) / Judgment Following Formal Proof (duty Judge List)
- Outcome
- Judgment for plaintiffs against Nicholas Peter Simmons for $236,233.64 inclusive of costs and disbursements.
- Legal Topics
- Negligence, Damages, Leaky Building, Pre Purchase Inspection, Settlement Credit
Source-derived case record
Summary, issues, holding and outcome
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Parties
M C Goodacre, Wyndham Trustees Ltd and Biz Co Trustee No. 2 as trustees for the Goodacre Investment Trust
Plaintiff
Nicholas P Simmons
Defendant
Procedural Posture
Civil Negligence (pre Purchase Inspection) / Property (leaky Home) / Judgment Following Formal Proof (duty Judge List)
Legal Issues
- 1 Whether the defendant was negligent in carrying out the pre-purchase inspection and preparing the report
- 2 Whether the plaintiffs proved causation and quantum of damages (principal, special and general damages)
- 3 Effect of prior settlement with North Shore City Council on the judgment amount and entitlement to credit
Ratio Decidendi
The defendant was negligent in the pre-purchase inspection; plaintiffs established causation and the appropriate quantum of principal, special and general damages; the court awarded those amounts plus costs and allowed a credit for the prior settlement, resulting in judgment for $236,233.64 inclusive of costs and disbursements.
Court Disposition
Judgment for plaintiffs against Nicholas Peter Simmons for $236,233.64 inclusive of costs and disbursements.
Orders
- Judgment for plaintiffs against Nicholas Peter Simmons for Principal: $270,000.00
- Special damages: $65,693.64
Full Case Text
Judgment text and source record
1 paragraphs
M C GOODACRE, WYNDHAM TRUSTEES LTD AND BIZ CO TRUSTEE NO. 2 AS TRUSTEES FOR THE GOODACRE INVESTMENT TRUST V NICHOLAS P SIMMONS HC AK CIV 2006-404-001693 11 December 2008IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2006-404-001693BETWEEN M C GOODACRE, WYNDHAM TRUSTEES LTD AND BIZ CO TRUSTEE NO. 2 AS TRUSTEES FOR THE GOODACRE INVESTMENT TRUST Plaintiffs AND NICHOLAS P SIMMONS Defendant Hearing: 11 December 2008 Appearances: D Grove for Plaintiffs Judgment: 11 December 2008 at 3:30 pmJUDGMENT OF JOHN HANSEN JThis judgment was delivered by me on 11 December 2008 at 3:30 pm pursuant to Rule 540(4) of the High Court Rules. Registrar/Deputy Registrar Date: .Counsel: D W Grove, PO Box 130, Shortland Street, Auckland[1] The third defendant, Mr Simmons, took no steps. [2] On 28 August last, Sargisson AJ ordered the matter be placed in the Duty Judge list for formal proof. I have now received the affidavits of Mr Goodacre and Mr O'Sullivan. The proceeding relates to a leaky home. The plaintiffs have settled with the first defendant. Mr Simmons was responsible for the pre-purchase inspection and report. In his affidavit, Mr O'Sullivan sets out the negligent faults with that report and also sets out the damages suffered as a result. Mr Goodacre in his affidavit sets out additional damages relating to accommodation, travel, insurance premium, moving and experts. It is also evident that the Goodacre family has suffered significant stress and considerable inconvenience as a result of the extensive work undertaken. With a young family the disruption was considerable. The modest claim for general damages ought to be allowed. [3] I am satisfied that the other matters claimed should also be allowed. [4] Accordingly, there will be judgment for the plaintiffs against Nicholas Peter Simmons, as follows: Principal: $270,000.00 Special damages: $ 65,693.64 General damages: $ 30,000.00 Costs on a 2 B basis: $ 9,440.00 Filing fee: $ 1,100.00 Total claim: $376,233.64Less payment received on settlement from the North Shore City Council: $140,000.00 $236,233.64 =========[5] Accordingly, there will be judgment for that sum which is inclusive of costs and disbursements. John Hansen J