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High Court Wellington
15, 16, 17, 18 October 1973; 11, 12, 13 March; 19 September 1974
Moller J
15, 16, 17, 18 October 1973; 11, 12, 13 March; 19 September 1974
Moller J
Negligence — Vendor and purchaser — Owner/subdivider negligently preparing land and granting lease in perpetuity requiring erection of dwellinghouse thereon — Liability to lessee for damage.
Sale of land — Conditions of sale — Local authority subdividing land and leasing lots in perpetuity subject to lessee erecting dwellinghouse thereon — Warranty as to quality of land not generally implied but may be in special circumstances.
Limitation of actions — When time begins to run — Where action not maintainable without damage occurring time begins to run when damage actually occurs.
Limitation of actions — Fraud — Postponement of limitation period where right of an action concealed by fraud — "Fraud" means unconscionable conduct — Limitation Act 1950, s 28(b).
Limitation of actions — Actions of tort — Claim for damages for suffering inconvenience and worry as a result of property damage — Claim for personal injury within Limitation Act 1950, s 4(7).