10 Feb 2014
WESTERN PARK VILLAGE LIMITED v BAHO [2014] NZHC 198
- Citation
- (2014) 15 NZCPR 180
- Court
- High Court
No actionable requisition or notice existed at the date of the Agreement; the Glaister Ennor letter did not constitute a 'requisition' or directive obliging disclosure under cl 6.1(d); any statements by the vendor were informal and did not objectively amount to a representation inducing the purchaser to enter the contract; therefore Western Park's claims (including under s6 CRA) fail. The vendor's counterclaim on the second mortgage succeeds: outstanding sum NZD 301,698.87 plus 19% p.a. from 21 December 2011; leave granted to amend for possession hearing to be scheduled; costs reserved.