Mr McGhee said Mr Woodward-Fisher had known about moths in the house before he decided to sell up, but in pre-contract enquiries with solicitors said he was unaware of any “vermin infestation” or “defects” in the house that weren’t visible.
His KC, Jonathan Seitler, insisted Mr Woodward-Fisher had been honest when dealing with the enquiry about possible previous “vermin infestation,” having told his solicitor they had experienced problems with moths, only to be assured that “moths were not vermin and therefore not relevant to this enquiry”.
Ruling in the couple’s favour, Mr Justice Fancourt found that they had been led into the purchase by Mr Woodward-Fisher’s “fraudulent misrepresentation” about the state of the property.
The order will see the couple due a refund of the £32.5m purchase price, less about £6.4m for their five years in the house, but with interest and further compensation making Mr Woodward-Fisher’s total bill much higher.
Their barrister, Mr McGhee, claimed Dr Hunyak ended up having to swat around 100 moths a day to stay on top of the problem, and even now after intensive sprays and expert treatment, still maintains a daily kill count of up to 35.
