31 Jan 2017
MASON v MAGEE [2017] NZHC 51
- Citation
- [2017] NZHC 51
- Court
- High Court
The Court found Sharon Magee made innocent misrepresentations (28 and 29 October 2011) that the house was not leaky and those statements materially induced the Masons to enter the sale; damages were assessed on a loss of value basis as cost of cure was unreasonable (remediation cost exceeded market value), ABI's $68,000 settlement is deductible, and judgment for the plaintiffs is $468,550.21 plus costs.
- Misrepresentation (s6 contractual remedies act 1976)
- Inducement and reliance
- Measure of damages: loss of value vs cost of cure
- Weathertightness defects and remediation
- Effect of third-party settlement on defendant liability