Wensley family wins court battle

01:47, Jun 10 2014

The Invercargill-based Wensley family has won a court battle over a troubled apartment complex in Queenstown.

In the High Court at Invercargill last month, Justice Mander ruled in favour of 875 Frankton Road, a company run by the Wensley family, and ordered payment by Suresh Dandekar after a sale and purchase agreement to buy two units in 2007 went south.

Court documents say Dandekar agreed to buy two units in the Marina Apartments complex in October 2007 from Wensley Developments for $1.136 million with a deposit of $113,625.

The parties started negotiations but Dandekar raised queries about code compliance certificates and apartment balustrades, cancelling the agreement in December 2008.

Wensley served a settlement notice and in October 2010 the units were sold to another family firm, 875 Frankton Road. Court action alleging breach of sale and purchase agreements was started in 2011.

Dandekar counter-claimed that he was allegedly induced to enter into agreements as a result of misrepresentation. The case was referred for trial but Dandekar failed to produce any substantial evidence, court documents said.

The judge was satisfied the Wensley firm proved Dandekar failed to settle and ordered sums of $409,160 and $404,042, plus interest, in favour of the Wensley firm.

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