18 Jun 2018
BRKIC & ORS v WHITE & ORS [2018] NZHC 1458
- Citation
- [2018] NZHC 1458
- Court
- High Court
The Court found on the evidence that clause 6 had been deleted prior to the purchasers' execution and that the purchasers, given their knowledge and commercial sophistication, entered the transaction accepting no vendor warranties; the fraud allegation failed, the ASP was enforceable and the vendor loan of $109,820 is payable with contractual interest at 22% per annum from 10 May 2012; an adverse inference supported the plaintiffs because the defendants failed to call key witnesses who could have contradicted the vendors' account.