IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2021-404-1260
[2024] NZHC 2128
BETWEEN AMEET BHARGAV and RENU KHAJURIA
PlaintiffsAND
FIRST TRUST LIMITED
First Defendant
DAVINDER SINGH RAHAL
Second DefendantContinued …
Hearing: On the papers Appearances:
S E Wroe and G R Grant for the Plaintiffs
G Blanchard KC and A T Grant for the First and Second Defendants
Judgment:
1 August 2024
Reissued:
2 August 2024 at 9:00 am
JUDGMENT OF HINTON J
[Final judgment and costs]
This judgment was delivered by me on 1 August 2024 at 11:00 am pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
……………………………………
Solicitors / Counsel:
Ms S E Wroe and Ms G R Grant, Grant & Co., Auckland Mr A T Grant, Barrister, Auckland
Mr A J Shortall (first and second defendants’ instructing solicitor), Shortall Lawyers, Auckland
BHARGAV v FIRST TRUST LIMITED [2024] NZHC 2128 [1 August 2024]
Continued …
AND METSONS (NZ) LIMITED (Discontinued) Third Defendant
VINAY MEHTA (Discontinued) Fourth Defendant
LOCAL REALTY LIMITED (Discontinued) Fifth Defendant
GURBIR SINGH BAL (Discontinued) Sixth Defendant
AND
VIVEK PUNJ (Discontinued) First Third Party
HOVERD & CO LIMITED (Discontinued) Second Third Party
SAMAR CONSTRUCTION LIMITED
(Discontinued)
Third Third PartyMANPRIT SINGH (Discontinued) Fourth Third Party
[1] In 2020 First Trust Ltd (FTL) sold the plaintiffs a leaky home. At all material times Mr Rahal was director and shareholder of FTL, along with his wife.
[2] The background and procedural history of this dispute is set out in my judgment dated 2 May 2024.1 In that judgment I found:
(a)FTL liable for breach of contractual warranty that all works on the property had received the required consents; and
(b)FTL and Mr Rahal jointly and severally liable for misleading and deceptive conduct under s 9 of the Fair Trading Act 1986 (the FTA).
[3] For FTL’s breach of contractual warranty I assessed damages as the cost of repairs of the home (which I estimated at between $600,000 to $700,000). I also ordered the defendants to pay to the plaintiffs their consequential losses, $35,000 in general damages, interest and costs.
[4] For the breach of the FTA I held the plaintiffs entitled to the diminution in value of the property ($270,000) as well as consequential losses, $80,000 in general damages, interest and costs.
[5]Further submissions were ordered on:
(a)the calculation of the cost of repairs and consequential losses;
(b)the treatment of settlement funds received by the plaintiffs; and
(c)costs.
[6] After issue of my judgment the plaintiffs sought an interim charging order over property in which FTL and Mr Rahal have an interest. This order was made by O’Gorman J on 13 May 2024.
[7] On 24 May 2024 the plaintiffs filed submissions on the points set out at [5](a) and [5](b). They filed submissions on costs on 28 May. On 10 June 2024 the defendants filed submissions in response. On 12 and…
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- Bhargav v First Trust Limited [2024] NZHC 2128
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- [2024] NZHC 2128
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