Council insurers decide against appeal action on Waitakere leaky home


Waitakere City resident Colleen Dicks is relieved that Riskpool, insurers for the Waitakere City Council, have dropped their High Court appeal over an award she won for her leaky home.
Her lawyer, Matthew Josephson of Grimshaw & Co, says winning the original hearing but then facing the uncertainty of an appeal — in terms of time, cost and outcome — has been extremely distressing for Mrs Dicks.

“Therefore, this decision provides relief and certainty for her future. She is now able to move forward and put this nightmare behind her,” Mr Josephson says.
“We also welcome Riskpool’s decision to pursue the builder, Rob McDonald. He was found personally liable to contribute to the award for Mrs Dicks as his building company had gone into liquidation.
“Contrary to his recent quotes in the press, neither he nor Mrs Dicks were ever merely a ‘means to an end in the battle for compensation over leaky homes’.

Contrary to court ruling

“Frankly, his assertion that this was not a leaky home is completely contrary to the court ruling and the facts,” Mr Josephson says.
The withdrawing of the High Court appeal will also provide some comfort to other owners of leaky homes Grimshaw & Co are acting for, he says.

In December, Mrs Dicks was awarded more than $250,000 by the High Court in respect of her leaky property against Waitakere City Council and Mr McDonald, principal of the building company responsible.

As insurers for the council, Riskpool were initially set to appeal the ruling before deciding to drop the appeal.