26 Apr 2023
MACFARLANE v INFORMED HOUSE INSPECTIONS LIMITED & SEWELL [2023] NZHC 934
- Citation
- [2023] NZHC 934
- Court
- High Court
On the balance of probabilities the IHI report and Sewell's verbal representations were misleading or deceptive and Sewell and IHI assumed responsibility giving rise to liability for negligent misstatement; plaintiff reasonably relied on the report and assurances, causation to loss is established, and disclaimers/inspection agreement did not absolve defendants of statutory or tortious liability where they knew or ought to have known prospective purchasers would rely on the report; accordingly judgment entered for plaintiff with damages for remediation (less a 5% reduction), alternative accomm…