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

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  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...

1972 decision ‘an oldie but a goodie’ — for architects anyway!

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This decision was “an oldie but a goodie” for architects in the case of Miller Construction Ltd v Olsen & Another; Netten (Third Party),...

Looking back: The LBP Board’s first appeal

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The appeal concerned a complaint originally laid by the Far North District Council against Mr Beattie. Mr Beattie was the subject ...

Johnson v Auckland Council — reduction in contributory negligence allocation from 70% down to...

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Timothy Bates of Auckland law firm Legal Vision looks at a previous case study where a subsequent Court of Appeal judgement on contributory negligence...

Decision clarifies who is liable for meeting design objectives

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Under review this month is the August 2017 United Kingdom Supreme Court decision of MT HA,jgaard A/S v E.ON Climate & Renewable UK Robin...

Supplier of construction materials entitled to issue a payment claim for future works

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By Tim Bates and Sabina Boyd, Legal Vision   In this month’s article we wish to review the High Court decision of NMHB Ltd v Concrete...

Check your dates — and the impact of limitation periods

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A useful reminder of the effect of limitation periods has emerged from the recent case of Auckland Christian Mandarin Church Trust Board v Canam...

Sunset Terraces appeal to the Supreme Court by the North Shore City Council

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In the High Court decision of Body Corporate 188529 and Others v North Shore City Council and Others 3 NZLR 479 (the “Sunset...

Dicks v Hobson Swan Construction & Others

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

Leaky buildings Round 2 — remediation consultant apportioned 60% of the liability pie

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Timothy Bates, principal of Auckland law firm Legal Vision, reviews the 2014 High Court decision of BC 160361 & Others v BC 2004 Ltd...