Do Yay Ltd (in liq) v Wei - [2021] 2 NZLR 351

Commercial law — Contract for sale and purchase of business — Whether turnover was misrepresented — Whether purchaser was induced by misrepresentation — Whether intention to induce purchaser — Whether reasonable for purchaser to have been induced — Cross appeal for expectation damages — Whether respondent entitled to damages — Whether appellant entitled to damages — Contract and Commercial Law Act 2017 ss 35 (Contracts (Privity) Act 1982, 4) and 43.

Contract — Misrepresentation — Contract for sale and purchase of business — Whether contract enforceable by nominee — Whether misrepresentation “promise contained in a deed or contract” — Contract and Commercial Law Act 2017 ss 35 (Contracts (Privity) Act 1982, 4) and 43.

Contract — Misrepresentation — Contract for sale and purchase of business — Whether turnover was misrepresented — Whether purchaser was induced by misrepresentation — Whether intention to induce purchaser — Whether reasonable for purchaser to have been induced — Cross appeal for expectation damages — Whether respondent entitled to damages — Contract and Commercial Law Act 2017 ss 35 and 43.