7 Dec 2009
MIKITASOV V COLLINS (NO 4) HC WHA CIV-2008-488-000053
- Citation
- openlaw-09a3c7b7_3319_4f2f_afaa_6524dabdfa9f.pdf
- Court
- High Court
Defendant breached clause 6.2(5) by undertaking numerous building works and repairs without required building consents (weathertight repairs, pool, deck, screen wall, basement unit), and made a pre-contractual misrepresentation about the house's condition; plaintiff was entitled to special damages for remediation costs ($329,536.47), diminution in value attributable to leaky building issues ($150,000), general damages for distress ($25,000), interest at 8.4% on special damages from judgment, and costs on a 2B basis.