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Marlborough District Council v Altimarloch Joint Venture Ltd - [2012] 2 NZLR 726

$30.00

Supreme Court of New Zealand Wellington
SC33/2010; [2012] NZSC 11
15, 16 February 2011; 5 March 2012
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
Contract — Damages — Measure of damages — Misrepresentation made on behalf of vendor of property — Whether vendor liable for difference in value or for cost of cure.
Equity — Remedies — Equitable contribution — When and whether available — Party in breach of contract claiming contribution from tortfeasor — Whether contribution available on the facts.
Local government — Liability of council — Negligent preparation of Land Information Memorandum — Whether duty of care to applicant for Land Information Memorandum — Misrepresentation independently made by vendor — Whether council liable for contribution to vendor — Local Government Official Information and Meetings Act 1987, s 44A(2).
Torts — Duty of care — Whether local authority owed duty of care in preparing Land Information Memorandum — Local Government Official Information and Meetings Act 1987, s 44A(2).
Torts — Loss — Whether certainty of recovering damages in contract for a single loss means that no loss has been caused in a parallel claim to recover that loss in tort.

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