18 Dec 2013
JOHNSON & Ors v AUCKLAND COUNCIL CA139/2013 & CA350/2013 [2013] NZCA 662
- Citation
- [2013] NZCA 662
- Court
- Court of Appeal
Appeal allowed in part: where it was reasonable to repair the proper measure of loss is cost of repairs (not diminution in market value); purchasers were on notice of possible weathertightness defects and failed to take prudent steps so contributory negligence applies, reduced from 70% to 40%; quantum remitted to High Court for assessment; costs in High Court awarded at 50% on a 2B basis and appellants awarded costs in this Court (band A).