20 Jul 2022
BHARGAV v FIRST TRUST LIMITED [2022] NZHC 1710
- Citation
- [2022] NZHC 1710
- Court
- High Court
First Trust Limited breached the contractual warranty by undertaking building work requiring consent without obtaining it; FTL, its director Rahal, Metsons and Mehta engaged in misleading or deceptive conduct in trade by concealing defects and issuing misleading inspection reports; disclaimer/no-reliance clause did not break causation given plaintiffs' reasonable reliance and lack of sophistication; plaintiffs entitled to performance-based damages (cost of remedial works) because the property was not readily substitutable and plaintiffs were committed to remediation; first to fourth defendant…
- Breach of contractual warranty
- Misleading and deceptive conduct (s9 fta)
- Measure of damages (repair v diminution)
- Building consents and compliance
- Pre-purchase inspection standards
- Causation and disclaimer/no-reliance clause