Raewyn Marie Scott v Lindy Jane Ellison - SC 84/2011

Civil – Agreement for Sale and Purchase of Land – Contractual interpretation – Standard form vendor warranty – Warranty that where vendor has done/permitted works on property requiring permits/consents these have been obtained (cl 6.2(5)) – Whether Court of Appeal correct in dismissing appeal against refusal to grant summary judgment – Appellant and co-owner made alterations to property without obtaining requisite permits and certificates – Appellant, then sole owner, created trust, transferred property to trustees, then sold property describing vendor as appellant and trustees – Whether appellant’s status as legal owner changed – Whether warranty applies to works done/permitted by appellant prior to transfer to trustees  [2011] NZCA 302    CA 660/2010