Costs paid following canopy fail

The High Court has ordered a Katikati-based orchard canopy company to pay $718,262 in damages to a kiwifruit grower after canopies it sold failed in strong winds.

In 2013 Protective Canopies (PCL) agreed to design and build three canopies to protect kiwifruit owned by the Pepatree Trust. The canopies were constructed but, in April 2014 they were damaged extensively by high winds and despite being repaired in October 2014, the canopies were again damaged extensively by high winds.

As a result of the collapse of the canopies, a portion of the kiwifruit crop was damaged.

Pepatree trustee Graeme McKenzie told the court in Tauranga that PCL director Philip Reed had advised the canopies could withstand winds of up to 80 km/h. Furthermore, an engineering certificate advertised on PCL’s website stated the canopies could withstand winds of up to 100 km/h.

Justice Timothy Brewer found there was a breach of the Fair Trading Act by PCL.

‘‘A person is entitled to reasonably rely upon the expertise of a company making representations about one of its specialised products. Mr McKenzie made his concerns about local conditions known to Mr Reed.’’

‘‘As Mr Reed was also a local orchardist and had experience with the local weather conditions, he was well qualified to address those concerns. In my view, there is no question that a reasonable person would likely have been misled or deceived. As indeed was Mr McKenzie,’’ Justice Brewer said. PCL had misrepresented its product and ‘‘plainly intended the misrepresentations to induce Pepatree to enter into the contract’’.