Bergin & Bergin v North Shore City Council & Others: Individuals behind developer companies

This High Court decision concerned a townhouse in Long Bay, Auckland. The second defendants had brought a claim for summary judgment against the plaintiffs...

Appeal to the High Court of adjudicator’s determination in the WHRS — Contributory Negligence

The recent case of Hartley & Hartley v Balemi and Others concerned one of the first appeals from an adjudicator’s determination in the WHRS....

Dicks v Hobson Swan Construction & Others

No doubt most readers are now aware of the decision of Dicks and its implications for the Waitakere City Council. It has received plenty...

Ministry of Education v Mike Barns & Associates Ltd and others

The Crown is the owner of Ruatoki Area School. In the latter part of 1994, the Ministry entered into a contract with the first...

Water ingress and body corporate obligations

Tim Bates of Auckland law firm Legal Vision discusses a case involving a body corporate: S Y Brooker v Body Corporate No 154558   In 1993...

Weathertight Homes Resolution Services Amendment Bill under the microscope

What remedies may be claimed?  The Bill has a specifi c section 7A aimed at setting out the remedies that may be claimed. This...

Fines imposed under the Building Act 1991 — a recent High Court decision

This recent decision concerns a prosecution brought by the Manukau City Council against an individual developer. Mr R faced two charges...

Leaky building claims and limitation periods

This is a recent case reviewing a decision of a Weathertight Homes Resolution Service adjudicator. Mr Dustin was an architectural designer who undertook design...

New CCA case further vindicates Act

Marsden Villas Ltd v Wooding Construction Ltd is an interesting case under the Act because it considers in depth whether the construction company, Wooding...

Accord and Satisfaction

This is an Australian Court of Appeal decision whereby the issue of Accord and Satisfaction (settlement) was considered. The builder performed residential building work...