New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation (s35 ccla)

Legal area

Court

7 May 2020

BRADFIELDS LTD v BROOKWATER INVESTMENTS LTD [2020] NZHC 935

Citation

[2020] NZHC 935
Court

High Court

Vendor Brookwater breached express warranty in clause 6.1 by failing to disclose known regulatory registration requirements; vendor and director Bradfield made actionable misrepresentations and engaged in misleading or deceptive conduct under s9 FTA and are personally liable; purchaser solicitors Malley & Co breached their retainer and were negligent in failing to advise and pursue legal due diligence; plaintiffs mitigated inadequately post-notification and bore 50% contributory responsibility; damages assessed on diminution in value plus recoverable wasted costs, apportioned equally between…
11 Dec 2019

MITCHELL v MURPHY as trustee of the VICTOR SYDNEY TRUST [2019] NZHC 3262

Citation

[2019] NZHC 3262
Court

High Court

The agent's unprompted statements that "the owner says it is not a leaky home" and that unit 7 was built with extra care carried objectively ascertainable factual meanings; those representations were false because unit 7 was a leaky home at the time of sale and vendor had or ought to have had material knowledge of weathertightness issues in unit 7 and other units. The purchasers were induced and reasonably relied on the statements; clause 22 did not fairly and reasonably operate to preclude inquiry under s50 CCLA. The vendor was therefore liable under s35 CCLA and, alternatively, under the FT…