25 Sept 2019
SHEN v OSSYANIN [2019] NZHC 2430
- Citation
- (2019) 20 NZCPR 590
- Court
- High Court
Court held both parties were operating under a common mistake that the house did not leak; clauses 9 and 18 did not unambiguously allocate the risk of that mistake to the purchaser; purchaser's unreasonable reliance did not bar relief though it was a factor to apportion loss; there was a substantially unequal exchange of value of about $1.5m and the court granted relief under s24/s28, apportioning the burden 70/30 in favour of the vendor, resulting in an award to the plaintiff of $450,000 plus statutory interest.