15 Sept 2016
PACIFIC BASIN EDUCATION FOUNDATION LIMITED AND OTHERS v RICHINA LIMITED [2016] NZHC 2193
- Citation
- (2016) 19 NZCPR390
- Court
- High Court
Misrepresentation claim dismissed as unarguable because only the contractual/legal priority (clause 37/easement terms) was represented and no reasonable basis existed to treat that as a representation of physical priority; the stakeholding did not constitute a variation preventing judicial determination; an equitable set-off for the resource consent warranty was arguable only to a limited, evidenced extent (up to $10,000); accordingly plaintiffs entitled to summary judgment for $540,000 plus contractual late payment interest, and summary judgment otherwise dismissed.