20 Apr 2020
DO YAY LTD (IN LIQUIDATION) v WEI and LODGE FOOD LTD [2020] NZHC 759
- Citation
- [2020] NZHC 759
- Court
- High Court
The High Court found the vendor made false representations of past and recent turnover (including the $9,000 pre-construction and $6,500 post-construction figures and the July–September 2015 sales data), those misrepresentations induced Mr Wei to enter and make unconditional the sale and purchase agreement, Lodge Food Ltd could not recover under CCLA s35 or the FTA because it was not a party at the time of the misrepresentations, and on the cross-appeal expectation damages on a lost-profits/adjusted-value basis were appropriate for Mr Wei in the sum of NZD 272,574 (District Court award to Lod…