25 Jun 2021
MILES AND MILES v GADD [2021] NZHC 1527
- Citation
- (2021) 22 NZCPR 248
- Court
- High Court
Court held plaintiffs failed to prove either warranty breach: on cl 6.2(5) the retile was an overlay with no evidence of component failure that would remove the sch 1 exception and expert evidence (defendant's expert and Council practice) supported no building consent was required; on cl 8.2(6) the clause was interpreted as unit‑specific (owner liability under Unit Titles law) and evidence showed issues were localized and being managed within Body Corporate processes and budgets and no objective notice of special levies or proceedings existed at time of contract, so vendor had no culpable kno…