Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]
...warranty clause in the agreement for sale and purchase for the cost of repairing the house. In addition, they claim that Ms Collie is a developer and is liable to them in tort for the cost of repairing the house. [4] The issues that I need to address are: I. What are the defects causing the house to leak? II. What is the cost of repair? III. Was Ms Collie a developer? IV. Did Ms Collie owe a duty in tort to future purchasers because of the role she assumed in the buil...