26 Nov 2019
BRUCE & ANOR v IAG NZ LTD [2019] NZCA 590
- Citation
- [2019] NZCA 590
- Court
- Court of Appeal
The Court held breach of contract was established for the slab, interior wall finishes and wall verticalities, but the High Court's finding that the plaintiffs had not established a reasonable and practical way to remedy wall verticalities or uneven floor levels was set aside because remediation methodologies (including replacement) could not be excluded as unreasonable without cost evidence; those remediation and cost issues must be determined at the reserved second trial; the cross-appeal was dismissed.