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...

Substantial judgement from the case of a leaky school

By Timothy Bates, Legal Vision   This month’s article concerns the May 2018 judgement of the Ministry of Education & Others v H Construction North Island Ltd. It...

When does innocent representation become actionable misrepresentation?

Timothy Bates of Auckland law firm Legal Vision examines a case concerning the purchase of a leaky unit that invoked clauses in...

Window flashings — builder not negligent

The council was unsuccessful in the Tribunal and appealed to the High Court. In 2000/2001 Mr Lamb had been contracted to install windows...

Construction Contracts Act 2002 — Are resubmitted invoices capable of being payment claims?

  This decision was a claim that started as a summary judgment application in the District Court where summary judgment was declined. It ended up...

Unit owners claim leaky building success

Tim Bates of Auckland law firm Legal Vision summarises some important principles that have come out of the latest leaky building claim to be...

Directors’ personal liability — new leaky buildings cases

You may have noted in the New Zealand Herald recently, two cases reported of directors of development companies being held personally liable for water...

Judicial review — not to be used as a means of appeal of an...

To start the new year, I’ll review the very recent decision of Body Corporate 200012 v BP Keene QC & Others where a body...

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...

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...