Joint and several liability — Law Commission recommends minor changes as it affects the...
In this month’s article I wish to focus on a very recent Law Commission paper addressing whether there remains a need to alter the...
Can individual building inspectors be sued in their individual capacities for negligence?
This case — Body Corporate 318596 v Mathis NZHC 373 — involved an application by the employees of Bay Building Certifiers Ltd (BBC)...
The importance of the Code Compliance Certificate
The issuing of the consent and all relevant inspections, including the final inspection, had been carried out more than 10 years before the proceedings...
Auckland’s Unitary Plan — a changing building landscape
I thought for the last article of 2013, I would report back on some key aspects of the proposed Unitary Plan that was notified...
Bankruptcy no protection against a claim accruing after the period of bankrutpcy
The decision in the case of Chapman v Weathertight Homes Tribunal & Another concerns a builder that was named as a respondent to Weathertight...
Judgment finds in favour of the plaintiffs — but there’s only two solvent defendants!
The Nautilus is a multi-unit residential complex situated in Orewa in close proximity to Orewa Beach.It is a 12-level mixed use development, with shops...
Assignment of claimants’ rights to council considered to be meddling with statutory joint tortfeasor
This case considered whether an assignment of the plaintiffs’ litigation rights to the Auckland City Council was void for being against public policy.
Facts
The substantive...
Solicitors sued in negligence attempt to issue third party notice against the builder?
Facts
The trust owned a property with a homestead in Queenstown. Davenports was a professional trustee for the trust and was its solicitor.
The homestead suffered...
‘Building work’ or ‘building method’?
The case of Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council concerns the application of the long stop limitation prescribed by section...
BIA escapes liability in weathertightness case
In this recent case of Body Corporate 346930 v Argon Construction Ltd & Auckland Council, the High Court was asked to consider whether the...