11 Feb 2014
WESTON v COSTELLO [2014] NZHC 113
- Citation
- [2014] NZHC 113
- Court
- High Court
The judge was entitled to prefer the vendor's evidence about turnover and disclosure of the OP Columbia payments and land use consent; appellant failed to prove actionable misrepresentation or loss on the balance of probabilities; the contractual buy‑back obligation related to chattels left behind and not to a going concern, so second‑hand valuation was appropriate; accordingly the appeal is dismissed and the District Court judgment stands.