New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Precontractual misrepresentation
  • 2 May 2019

    RIDGWAY EMPIRE LTD v JILL GRANT [2019] NZCA 134

    Citation
    (2019) 20 NZCPR 236
    Court
    Court of Appeal

    The vendor's unqualified statements that the unit did not leak and was not a leaky building were actionable representations of present fact; the vendor had superior knowledge and failed to disclose past leaks that were material; the purchaser reasonably relied on those unqualified assurances in entering the contract; the damages awarded were supported by invoices, estimates and independent expert evidence with adjustments for betterment, so the appeal is dismissed.