IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2021-404-1260
[2022] NZHC 1710
BETWEEN AMEET BHARGAV and RENU KHAJURIA
Plaintiffs
AND
FIRST TRUST LIMITED
First Defendant
DAVINDER SINGH RAHAL
Second Defendant(continued next page)
Hearing: 9 March 2022 and 16 June 2022 Counsel:
S E Wroe for Plaintiffs
No appearance by or on behalf of Defendants
Judgment:
20 July 2022
JUDGMENT OF HINTON J
This judgment was delivered by me on 20 July 2022 at 10.00 am pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Grant & Co (Auckland) for Plaintiffs
BHARGAV v FIRST TRUST LIMITED [2022] NZHC 1710 [20 July 2022]
AND METSONS (NZ) LIMITED
Third Defendant
VINAY MEHTA
Fourth DefendantLOCAL REALTY LIMITED
Fifth DefendantGURBIR SINGH BAL
Sixth Defendant
Introduction
[1] Ameet Bhargav and Renu Khajuria claim against six defendants in relation to the plaintiffs’ purchase of what it transpires is a leaky home at 1/5 Ribbonwood Crescent, Goodwood Heights, Auckland (the property). The first to fourth defendants were served but did not file a statement of defence. The plaintiffs proceed against them by formal proof.
[2] The claims against the fifth and sixth defendants will be the subject of a four-day defended hearing beginning on 23 February 2023.
Parties
[3]The plaintiffs are the owners of the property.
[4] The first defendant, First Trust Limited (FTL) is the previous owner of the property. It sold the property to the plaintiffs.
[5] The second defendant, Mr Rahal, is a director and shareholder of FTL along with his wife, Jivan Jyoti Rahal.
[6] The third defendant, Metsons (NZ) Limited (Metsons), is a building inspection company and provided a pre-purchase inspection report on the property to the plaintiffs.
[7] The fourth defendant, Mr Mehta, is a building inspector and a director and shareholder of Metsons. He carried out the pre-purchase inspection of the property.
[8] The fifth defendant, Local Realty Limited (Local Realty), is the holder of a Century 21 franchise for its business as a real estate agency. FTL engaged Local Realty as its agent in the sale of the property to the plaintiffs.
[9] The sixth defendant, Mr Bal, is a real estate agent and a director and shareholder of the fifth defendant. Mr Bal was the real estate agent in relation to the sale to the plaintiffs.
Summary of claims
[10]Against FTL, the plaintiffs claim:
(a)breach of contractual warranty for unconsented building work; and
(b)misleading and deceptive conduct in breach of the Fair Trading Act 1986 (FTA), s 9.
[11] In relation to the claim for breach of contractual warranty, the plaintiffs seek by way of damages for breach of contract:
(a)the estimated cost of remedial work ($749,080 GST inclusive) or in the alternative, the diminution in the value of the property and lost capital gain ($480,000);
(b)consequential losses including the cost of expert reports, the cost of alternative accommodation, moving and storage costs and loss of income from boarders ($88,543);
(c)general damages ($30,000);
(d)interest pursuant…
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- AGLC
- Bhargav v First Trust Ltd [2022] NZHC 1710
- Case
- [2022] NZHC 1710
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