A seller who misrepresented the condition of the property has been ordered to return the $120,000 deposit and pay damages, interest, and expert and legal costs to a buyer misled about its weathertightness problems and history of repair work.
On 20 April 2016 Jayden Rickard-Simms suffered a serious head injury in a workplace accident at Grenada North near Wellington. Jayden was in intensive care for 14 days following the fall and is still affected by it. In April 2018, Jayden brought a private prosecution against ENGIE, Hall’s Refrigerat
The High Court has heard an increasing number of cases in recent years relating to claims in misrepresentation for the sale and purchase of “leaky homes”.
The recent Auckland High Court decision of Tian v Zhang & Ors  NZHC 2231 provides an interesting insight into how a “dowry” or “bride price” might be reclaimed under New Zealand law where the parties split before they get the chance to head down the aisle.
Tower Insurance Limited v Nicon Limited  NZCA 332 raised two fundamental issues relating to a Heads of Agreement (which may also be known as a terms sheet, memorandum of understanding (MOU), letter of intent (LOI), or similar).
Whether vendors should be liable for innocent misrepresentation and undiscovered weathertightness defects in the sale of existing homes is a controversial question currently eliciting differing responses in the Courts.
Parker and Associates is pleased to announce the appointment of James Wollerman as partner, effective 10 September 2018.
Parties to commercial contracts should review their contracts to check whether they contain “no oral modification” (NOM) clauses, and if they do, ensure they are complied with, following the UK Supreme Court’s decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd  UKSC 24, in
When selling their house, is a homeowner entitled to assign their ongoing insurance claim to the purchaser?
In a recent High Court decision, Thomas J awarded joint owner-occupiers of a unit in a leaky complex $35,000 in general damages for stress and anxiety arising from the discovery of leaky issues with their unit and the resulting litigation.
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The Courts have both statutory and inherent jurisdiction to remove trustees and recent cases indicate they are now more willing to use this power.