11 Oct 2018
GRANT v RIDGWAY EMPIRE LTD [2018] NZHC 2642
- Citation
- [2018] NZHC 2642
- Court
- High Court
The vendor made an unqualified factual representation that the property 'did not leak' which, given his conduct and superior knowledge, reasonably induced the purchaser to enter the contract; liability attaches under s35 even if innocent. The 2004 works did not, on the evidence, require a consent because the membrane failure within the relevant durability period was not established, so the warranty claim fails. Damages are assessed on a cost of remediation basis and awarded at $474,101.
- Pre-contractual misrepresentation
- Breach of warranty
- Building consent
- Leaky building
- Damages - cost of repair