27 Jun 2008
CLUB MARINA APARTMENTS LTD V MCHUGH HC HAM CIV-2007-419-1863
- Citation
- openlaw-0d3324a4_f59c_4768_afa4_c724e44750ca.pdf
- Court
- High Court
The District Court erred by deciding the Fair Trading Act claim based on unpleaded agent representations; on the pleaded case (delay in obtaining resource consent and delayed notification of the altered proposal) the developer's conduct did not constitute misleading or deceptive conduct causative of loss. The High Court allowed the appeal, set aside the District Court findings and entered judgment for Club Marina.