10 Sept 2008
PAE (NEW ZEALAND) LIMITED V MARK BROSNAHAN, MICHAEL RALPH CARTER, WAYNE ALBANY PATTINSON HC WN CIV 2005-485-843
- Citation
- openlaw-f5e9fde4_2a1b_4a86_978b_8aebd84bf26a.pdf
- Court
- High Court
The Court found insufficient evidence of fraudulent pre-contractual manipulation, therefore the entire agreement clause barred inquiry into pre-contractual misrepresentations; negligent misstatement claim failed as it was not fair and reasonable to permit relief given PAE's bargaining position and due diligence opportunities; the contractual warranty that liabilities were disclosed was breached and damages for that breach were awarded (net amount to be calculated taking into account GST offset and interest); the Fair Trading Act claim failed; defendants' counterclaim for $350,000 succeeded be…