11 Dec 2019
MITCHELL v MURPHY as trustee of the VICTOR SYDNEY TRUST [2019] NZHC 3262
- Citation
- [2019] NZHC 3262
- Court
- High Court
The agent's unprompted statements that "the owner says it is not a leaky home" and that unit 7 was built with extra care carried objectively ascertainable factual meanings; those representations were false because unit 7 was a leaky home at the time of sale and vendor had or ought to have had material knowledge of weathertightness issues in unit 7 and other units. The purchasers were induced and reasonably relied on the statements; clause 22 did not fairly and reasonably operate to preclude inquiry under s50 CCLA. The vendor was therefore liable under s35 CCLA and, alternatively, under the FT…