21 Nov 2018
THREE FIVE LTD v NAPOLIAN LIQUOR LTD [2018] NZHC 3025
- Citation
- [2018] NZHC 3025
- Court
- High Court
The plaintiff failed to adduce admissible evidence that the representations were false or that Napolian knew of facts creating a duty to disclose; the relied-upon statements were inadmissible hearsay, the information memorandum and lease were literally true and did not assure continuity of tenancy, and the plaintiff failed to meet the affidavit/evidence requirements for formal proof — therefore the misrepresentation and Fair Trading Act claims fail and are dismissed.