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...

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...

Modular home — letter of credit and status of deposit paid

Proceedings were issued by Ecotech to set aside a statutory demand that had been issued against it by one of its clients, Mr Baumann...

Developers’ duty of care — the Australian approach

In contrast however, the New South Wales Courts take a different view. In the decision of the Supreme Court of New South Wales (Equity...

Professional indemnity insurance — limitations to cover

In this first article for 2016 I’ll look at the recent Court of Appeal decision of JCS Cost Management Ltd v SR Johnson &...

Mediation — promoted as ‘diametrically opposite’ to the court process?

She was critical of the following aspects of the pro-ADR argument: • Mediation is promoted as a much better alternative to court on...

Are you a “developer”?

The definition of a “developer” is a critical issue because if an individual is labelled “developer”, they are said to then owe a non-delegable...

Buyer beware principle — alive and well

The recent case of Ford & Anor v Ryan & Anor demonstrates the very real difficulties owners of properties with water ingress issues face...

Who’s liable for apartment building deck repairs?

By Tim Bates   In this month’s article I’ll review the High Court decision of Body Corporate 199380 v A Cook & Others, which dealt with...

Leaky schools — can the Minister of Education sustain a negligence claim against CHH?

  This claim arose from the Government’s use of a cladding product known as Shadowclad in schools throughout New Zealand. This product was manufactured by Carter...