QH v KH [2020] NZDT 1467 (2 December 2020) [pdf, 188 KB]
...currently work and it is not known exactly when it stopped working. It is shown working in the marketing photos for the property. In the emails presented, the pool light is noted to be functioning on 12 June, 4 days before settlement. By 3 July QH had informed the real estate agents that it was not working. There is no further evidence as to when it failed. For these reasons I find that it is not proven on the balance of probabilities that the light failed prior to settlement. Therefore,...