IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2017-485-130
[2019] NZHC 555
UNDER the Fair Trading Act 1986 BETWEEN
MICHAEL DOUGLAS ROBERTS
Plaintiff
AND
JULES CONSULTANCY LIMITED
First Defendant
JULES LELOIR
Second Defendant
Hearing: 18-19 and 21 February 2019 Counsel:
B M Easton and H E T Thomson for Plaintiff
Second Defendant in Person (with Mr Leloir assisting)
Judgment:
25 March 2019
JUDGMENT OF THOMAS J (LIABILITY)
[1] On 10 March 2014, the plaintiff, Michael Roberts, declared his agreement to purchase Unit 812 in the Sirocco Apartments in Wellington City (the Apartment) unconditional. Just prior to that confirmation, Mr Roberts’ lawyers spoke to the second defendant, Jules Leloir, who is a director of the first defendant, Jules Consultancy Limited (Jules Consultancy), which provides body corporate management and consultancy services to the Sirocco Apartments Body Corporate. There was a discussion involving the weathertightness of the Sirocco Apartments.
[2] Shortly after he purchased the Apartment, Mr Roberts became aware of significant weathertightness defects in the Sirocco Apartments. He claims Mrs Leloir
ROBERTS v JULES CONSULTANCY LIMITED [2019] NZHC 555 [25 March 2019]
and Jules Consultancy made false representations and engaged in misleading and deceptive conduct when responding to queries as to whether there were weathertightness issues in the Sirocco Apartments. Mr Roberts claims the need for remedial works to the Sirocco Apartments means he has suffered and will suffer loss, including an $11,460 special levy he has paid, $456,916 for his share of the estimated cost of the remedial works, consequential losses for storage and alternative accommodation, and general damages of $30,000.
[3] The defendants deny making any misleading representations and say it was not reasonable for Mr Roberts to rely on any representations which might have been made.
[4] Although not pleaded in their initial statement of defence, I gave the defendants leave to file an amended statement of defence to include the affirmative defence of contributory negligence.1 The defendants now plead that Mr Roberts’ contributory negligence needs to be taken into account. In particular, in that he failed to obtain a building report before purchasing the Apartment, failed to request and obtain further information from the defendants which may have alerted him to weathertightness issues, and misinterpreted Mrs Leloir’s responses to questions in relation to the weathertightness issues at the Sirocco Apartments.
[5] Furthermore, the defendants say that any loss the plaintiff may have suffered has not yet crystallised. The Body Corporate has not determined what, if any, action it will take in relation to the defects in the Sirocco Apartments and the options include demolition of the building. The problems are exacerbated by seismic strengthening which is likely required.
[6] The hearing into Mr Roberts’ claim will take place in two parts, first dealing with liability and, secondly, damages. This decision deals with the first part only: whether or not the defendants are liable to Mr Roberts for a breach of their respective duties under the Fair Trading Act…
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- Roberts v Jules Consultancy Ltd [2019] NZHC 555
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- [2019] NZHC 555
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