6 May 2013
KEITH MICHAEL NEWTON, JOANNE LESLEY DAVEY AND SCOTT MORAN AS TRUSTEES OF THE DAVEY-NEWTON FAMILY TRUST V WAYNE PETER STEWART AND LEE-BIN TEE HC WN CIV-2010-485-2116
- Citation
- openlaw-cf6f58f3_4698_49f0_b330_3673490915c7.pdf
- Court
- High Court
The plant-on modifications undertaken in 2003-2004 did not, on the evidence, require a building consent and therefore the vendor warranty was not breached; alternatively, plaintiffs' claimed losses were too remote and causation not established. Claims against the pre-purchase inspector and prior owner/developer also fail on causation or limitation grounds; third-party claims against consultants fail for lack of assumed personal responsibility or are controlled by contractual/limitation principles.