New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Warranty disclosure

Legal area

Court

14 Dec 2009

TASMAN LIQUOR COMPANY LTD V NINE PADDOCKS LTD AND ANOR CA CA492/2009

Citation

openlaw-cfdd5278_efe7_4ea7_a9fc_753b02d966bc.pdf
Court

Court of Appeal

The disclosure obligation in clause 13.1 arises only where the vendor knows of the material contract; because Mr Jones did not know of the Outlet Supply Agreements or any waiver by Lion he could not have breached clause 13.1 and the counterclaim fails.
14 Dec 2009

TASMAN LIQUOR COMPANY LTD V NINE PADDOCKS LTD AND ANOR CA CA492/2009

Citation

openlaw-8c6e728f_42db_4654_b01a_1747d005e102.pdf
Court

Court of Appeal

Clause 13.1 did not impose an absolute duty to disclose all material contracts irrespective of knowledge; the duty to disclose requires that the vendor/covenantor knew of the contract and of its materiality, and because Mr Jones did not know of the OSAs or any waiver he did not breach clause 13.1; the High Court's factual findings were open on the evidence, so the appeal fails.