| Elias CJ | Blanchard J | Tipping J | McGrath J | Anderson J | |
| Contract Measure of damages |
Loss of bargain: difference in the value of land with and without water rights ($400,000). Loss of bargain is the ‘normal measure of damages in sale transactions. |
Cost of cure ($1.055m) |
Cost of cure ($1.055m). The ‘normal’ measure of damages is the performance cost of the contract. |
Cost of cure ($1.055m). The ‘normal’ measure of damages in sale contracts is the loss of bargain/difference in value. The ‘normal’ measure in service contracts is the performance cost. |
Loss of bargain ($400,000) (per Elias J)
|
| Council owes duty of care | Yes (per Tipping J) | Yes (per Tipping j) | Yes | Yes (per Tipping J) | Yes (per Tipping J) |
| Council caused loss | No | Yes (until plaintiffs paid by vendors then no) | No | Yes | Yes (per McGrath J) |
| Tort measure of damages (not directly appealed) | Difference between the purchase price and the true value ($125,000). | Difference between the purchase price and the true value ($125,000). | Difference between the purchase price and the true value ($125,000). | Difference between the purchase price and the true value ($125,000). | Difference between the purchase price and the true value ($125,000) (per McGrath J) |
| Contribution allowed | No | No | No | Yes (50%) | Yes (per McGrath J) |
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Our German Desk
03.02.2014
Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC11
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