14 Feb 2019
SHEN v OSSYANIN [2019] NZHC 135
- Citation
- [2019] NZHC 135
- Court
- High Court
Misrepresentation claim dismissed: vendor's repeated statements that the house did not leak were representations of his knowledge/opinion but were honestly and reasonably held given his maintenance regime and lack of observable defects; purchaser's reliance was induced but unreasonable in light of an expert pre-purchase report identifying potential weathertightness defects; no fraud proved; matter of common mistake reserved for further hearing as parties may have shared a mistaken assumption about the absence of leaking.