Befriended
by a New Zealand couple and then ripped off, French osteopath Pascal
Dieulangard was awarded $459,000 damages for money sunk into a non-existent
Helensville property development.
Auckland property developers Jeremy and
Nelly Dyson were held liable in the High Court for deceiving their French
friend with a fabricated story of a property development ready to go when in
fact it never got off the ground. Mr
Dieulangard was shown the Helensville site of proposed three-level apartments
called the Kaipara Mill Project, together with architectural drawings,
advertising and promotional pamphlets.
He was encouraged to invest being told land had been secured ready for
the project, when in fact it had not.
Evidence was given that Mr Dieulangard
visited New Zealand regularly, sometimes staying with the Dysons. He left his motor vehicle with them whilst
back in France, free for them to use.
The fact Mrs Dyson speaks French made for a relaxed friendly relationship. The Dysons co-sponsored his application for
residency writing a letter in support detailing the extent of his investments.
Justice Muir ruled the Dysons were in
breach of the Fair Trading Act and also in breach of fiduciary duty. Mr Dieulangard was told they were in
partnership. The Dysons’ failure to
account for partnership monies was in breach of a duty owed fellow partners. The Dysons misleading and deceptive behaviour
regarding the proposed Helensville development was in breach of the Fair
Trading Act. The Dysons did not defend
the case.
Dieulangard
v. Dyson – High Court (4.03.16)
16.040