10 Oct 2014
JERARD v PAXTON PAXTON [2014] NZHC 2493
- Citation
- (2014) 15 NZCPR 906
- Court
- High Court
The Court found the second defendants breached warranties in cl 6.2(5)(a) and (b) by commencing preparatory works before obtaining consents and by constructing the house not in compliance with the building consent/Building Code; because the plaintiffs were unlikely to undertake the remedial works and would instead sell the property, damages were awarded on a diminution in value basis of NZD 290,000 (after set-off for other settlement funds) plus NZD 15,000 general damages for stress and inconvenience.