16 Jul 2009
HINTON V SMITH AND ORS HC HAM CIV-2007-419-001047
- Citation
- openlaw-ec35fcf4_0aad_4a9c_a4ad_c76c3d428565.pdf
- Court
- High Court
The agent (Mr Donnithorne) made a material written misrepresentation about net returns which induced the plaintiffs' purchase; the plaintiffs reasonably relied on it; the contract was validly cancelled under the CRA; relief is appropriate under s9 in the form of re‑vesting the units in the vendors on repayment of the purchase price, and quantified damages for losses incurred. Liability and loss are apportioned at 50% to the agents, 35% to Mrs Smith (vendor) and 15% to the Hintons; agents must contribute 59% and the Smiths 41% to fund the repurchase and damages adjustments, with the specified…