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Diminution of value or the cost of cure: assessing the “normal” measure of damages in leaky building claims

Written by Christina Bryant on February 3rd, 2014.

Johnson v Auckland Council [2013] NZCA 662
 
Mr and Mrs Johnson purchased a leaky home in a mortgagee sale.  They were aware at the time of purchase that the house might leak.  The house had a code compliance certificate and the Council admitted to negligence in failing to identify the defects and in issuing the certificate.
 
 
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