16 Aug 2019
DODDS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2019] NZHC 2016
- Citation
- [2019] 3 NZLR 826
- Court
- High Court
Judge found Southern Response repeatedly represented that the abridged DRA figure was the rebuild estimate and failed to disclose the Complete DRA Office Use Section; those representations were capable of being statements of fact or actionable opinions, were false/misleading, and induced reasonable reliance by the plaintiffs; the conduct also breached s9 FTA; the full and final settlement clauses did not bar the statutory FTA claim or the misrepresentation claim; damages were quantified as the plaintiffs' loss from settling on the misrepresented figure and assessed at NZD 178,894.30 with stat…