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Vining Realty Group Limited v Altimarloch Joint Venture Limited and Ors - SC 40/2010

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Summary

Civil Appeal – Misrepresentation – Quantification of Damages – Whether Court of Appeal erred in upholding inappropriate measure of expectation damages owed by Vining Realty and Gascoigne Wicks to Altimarloch Joint Venture in respect of purchase of land where water rights misrepresented – Whether proper measure of damages is difference between actual value and represented value not cost to remedy property to meet purchaser’ s original expectation.[2010] NZCA 104  CA 438/2008 and CA 213/2009   29 March 2010

Result

A The application for leave to appeal are granted.
B  The approved ground is whether the award of damages against DS & JW Moorhouse (in respect of which they are entitled to be fully indemnified by Vining Realty and Gascoigne Wicks) was appropriately quantified on an expectation basis.  
14 July 2010
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Appeal dismissed.
Vining Realty and Gascoigne Wicks are to pay the Council costs of $5,000.  They are to pay in the proportions fixed in the Court of Appeal, namely 60 per cent by Vining Realty and 40 per cent by Gascoigne Wicks.
Vining Realty and Gascoigne Wicks are to pay in the same proportions costs of $10,000 to Altimarloch.
In each case where costs are awarded, disbursements shall be added as agreed or fixed by the Registrar.

Related Documents

Leave judgment - leave granted — VINING REALTY GROUP LIMITED v ALTIMARLOCH JOINT VENTURE LIMITED And Anor SC 40/2010 [14 July 2010] (PDF 39 KB)

Substantive judgment — MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED SC 33/2010 [5 March 2012] (PDF 595 KB)

Additional Information

Transcript

Hearing date : 14 and 15 February 2011

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.