BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]
...not including the watertightness of the hatch as a condition of the sale. WN Ltd was engaged in a negotiation. It was open to BT not to purchase the vessel without this special condition, but she chose not to. That is not evidence of WN Ltd’s negligence. [21] Again, I refer BT to her clear agreement to purchase the vessel in as is where is condition relying on her own judgement and not a survey. She made this decision after personally inspecting the vessel on 2 March 2022 albeit t...