12 Dec 2014
IDAS GROUP LTD v SYNTECH NZ LTD [2014] NZHC 3188
- Citation
- [2014] NZHC 3188
- Court
- High Court
Rescission and restitution were unavailable because the buyer had accepted and used the goods; the seller breached the sale-by-description warranty by supplying non-35/65 material and the buyer proved loss equal to the price paid for that non-complying product, therefore damages under s54 are recoverable in the amount paid, with interest and costs to the buyer.