19 Dec 2014
WELLINGTON CITY COUNCIL v DALLAS CA148/2014 [2014] NZCA 631
- Citation
- [2014] NZCA 631
- Court
- Court of Appeal
The Court of Appeal held Dallas breached s 9 Fair Trading Act by representing the kick outs were 'Completed by KRH Plumber' when they had not; a reasonable council would likely be misled by that statement, the Council proved reliance and causation (the misstatement was an effective cause of loss), and the High Court erred in dismissing the s 9 claim; the issue of apportionment of loss between the parties is to be determined (further submissions sought).