30 Jun 2020
STALKER v DUNCAN [2020] NZHC 1484
- Citation
- [2020] NZHC 1484
- Court
- High Court
The Court found defendant had made the pleaded representations (285 effective hectares, c.2,500 stock units, 70 tonnes superphosphate per year) and those representations were false. Plaintiffs reasonably relied on them and were induced to enter the contract. The Limitation Act defence failed because plaintiffs reasonably could not have discovered the misrepresentations until the July 2018 survey/valuation (late knowledge date). The defendant failed to prove sufficient contributory fault to bar recovery; damages were awarded on an expectation basis but reduced by 10% for contributory negligenc…