12 Nov 2015
OVERTON HOLDINGS LIMITED V APN NEW ZEALAND LIMITED [2015] NZCA 526 [12 November 2015]
- Citation
- (2015) 17 NZCPR 251
- Court
- Court of Appeal
No actionable misrepresentation was established; even if an implied representation existed, clause 18.1 was a valid non-reliance clause operateable under s4(1) Contractual Remedies Act to preclude reliance; Overton did not prove inducement or loss; no breach of Fair Trading Act s14; cl49 did not impose an obligation on APN to remediate structural defects; appeal dismissed.