30 Jun 2014
PENNEY & BURNS v NG [2014] NZHC 1486
- Citation
- [2014] NZHC 1486
- Court
- High Court
The court found the seventh defendant did make the treated timber representation but the plaintiffs did not rely on it as a causative factor in entering the contract; the representation was a background factor and thus claims against the agents for misrepresentation, negligent misstatement and breach of s9 Fair Trading Act fail for lack of causation under s43. The vendor (first defendant) breached the contractual warranty cl 6.2(5) by permitting re-cladding without required consents; plaintiffs awarded liability against vendor with quantum reserved and $20,000 general damages awarded now.