2 Apr 2020
ADVENTURER HOBSON LIMITED v COCKERY [2020] NZHC 675
- Citation
- [2020] 2 NZLR 544
- Court
- High Court
Leave under s76 granted; on the facts Cockery acted 'in trade' as SBC's alter ego and his Report and plans were misleading and deceptive because they omitted fundamental, observable fire-safety requirements; Adventurer reasonably relied on the Report and suffered loss causally linked to the omissions; negligent misstatement claim dismissed against Cockery personally for lack of requisite personal assumption of responsibility; damages under s43 FTA are capped by the parties' contractual limitation, which on the facts was held to extend to Adventurer and to Cockery, so recovery limited to five…