15 Legal Executives New Zealand Spring 2026 took up the floating timber of the deck to try and fix the leak. A professional waterproofing firm was engaged to undertake remedial work on the deck and recoat the deck membrane. Mr Wang also applied large amounts of sealant to the deck. The Court of Appeal held that, to establish tortious deceit, deliberate fraud must be proved. “Such fraud will be proved if it is shown that a false representation has been made which a defendant knew to be untrue, or was reckless as to its truth. Recklessness will only be sufficient if there is conscious indifference to the truth. The defendant must have intended the representation be relied upon by the claimant, and the claimant must have relied on it.” Their Honours said that the situation was not one of misrepresentation by positive assertions. “It was Ms Vanifatova’s case that there was deliberate misrepresentation by concealment, omission and halftruths. Her case was that the incomplete nature of the disclosure gave a false impression about the state of the building . . . the trial judge found that the Wangs knew there were significant weathertightness defects with the property, yet they deliberately provided a false impression there had not been any real such issues.” The Court of Appeal held that the critical focus for the purpose of assessing the allegation of tortious deceit was the three working day due diligence period provided by the sale and purchase agreement. “The information provided by Mr and Mrs Wang during this period was found to be incomplete and materially incorrect because it wrongly conveyed the impression there had been no issues from water ingress to the property. The appellant’s tortious liability did not arise from a contractual breach of the disclosure clause to provide the purchaser with any information relating to the property relevant to the due diligence investigation, but from the incomplete and partial provision of information by the appellants in response to specific requests made during the due diligence period. The nature of that disclosure was found to have ‘half-truths’ that were intended to deceive the purchaser.” The Court of Appeal held that Mr and Mrs Wang had known they were required to provide accurate responses to the purchaser’s questions and to furnish her with all relevant information. The appeal was dismissed. ¢ What is JobLink? JobLink is a members-only service. Its purpose is to assist our members with finding employment as Registered Legal Executives. JobLink is available to all members and their employers. What positions can be advertised on JobLink? JobLink is only for Registered Legal Executive positions or roles that will help junior members into legal executive positions. We do not assist with filling secretarial positions or other roles. How does it work? Prospective employers email their advertisement (as a PDF please) to joblink@legalexecutives.org.nz Advertisements are: l Listed on our website until the closing date l Emailed to members (once only). What information should be included in the job advertisement? - The firm’s logo - A description of the position - Whether the role is part-time, full-time, fixed contract or leave cover - Contact details and a closing date for applications. What are the charges for JobLink? Employers: The fee is $350.00 + GST, payable on receipt of invoice. Members: There is no charge for members to receive JobLink emails and/or view job advertisements on our website. However, you need to log in to your website portal (www.legalexecutives.org.nz) to see JobLink advertisements. How do I register to receive JobLink emails? All new members are automatically added to the JobLink database using the email address on their application form. Please contact us if you would prefer to use a different address for JobLink emails. If you do not want to receive JobLink notifications, please ‘unsubscribe’ via your website member portal AND email joblink@legalexecutives.org.nz with 'JobLink - Unsubscribe' in the subject line. If you have any additional queries regarding JobLink, please contact us on (09) 250 1630, or email joblink@legalexecutives.org.nz FAQs - JobLink
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