29 Mar 2010
VINING REALTY GROUP LIMITED V D S AND J W MOORHOUSE AND ORS CA CA438/2008
- Citation
- openlaw-aff5e6a7_5692_4503_9ec5_002d2803cc7b.pdf
- Court
- Court of Appeal
Court held the Moorhouses (via their agents and solicitors) made actionable misrepresentations which induced AJVL to confirm the purchase; AJVL's expectation damages award (cost to obtain functional equivalent water and related works totaling NZD1055907.16) was upheld; MDC negligently issued a LIM within s44A, owed a duty of care and was liable in contribution/damages on a detriment basis (contract price minus value acquired = NZD125000), apportioned equally between MDC and the vendors; contributory negligence was not available as a defence to the s6 contractual remedy; s41 LGOIMA did not gra…