6 Sept 2023
WRENN v BOUGHEN [2023] NZHC 2494
- Citation
- [2023] NZHC 2494
- Court
- High Court
The Court found no actionable misrepresentation or breach of the SPA warranty on the pleaded grounds (building report caveats and Schedule 1 exemptions). The decisive legal basis for relief was common mistake: both parties were influenced by a shared mistaken belief that the recently replaced roof and supporting ceiling/wall space were free of materially defective fire damage. That common mistake resulted in a sufficiently unequal exchange of value to justify relief under s24/s28 CCLA. Remedy set as diminution in value (cost to rectify the fire damage) of $130,000 plus interest from settlemen…