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....
CCA — ‘residential occupier’ has to occupy the premises!
The recent High Court decision of Welsh v Gunac South Auckland Ltd serves as a timely reminder as to the power of the Construction...
Building company director found not liable for losses arising from leaky building syndrome
In this month’s article I review the 2014 decision of Derwin & Diar v Wellington City Council & Others, in which the council brought...
What is the legal effect of a performance bond?
Background
In May 2004 QPAM entered into a design and construction contract with Mainzeal to design, construct, commission and maintain the Vector Arena.
The contract value...
The CCA 2002 — you need a provable contract first to take the benefits...
The day before MVDW was due to start building work on the defendants’ property, the defendants advised they wished to delay commencement of the...
Disputed long-term painting contract finally settled
This case involved an application for summary judgment by the plaintiff, Service Painting and Building Co Pty Ltd (SPB), claiming the sum of $140,618.77,...
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...
Personal liability of trustees
In a recent appeal from the District Court, Justice Potter unequivocally overturns a District Court decision, holding the trustees personally liable, even where these...
Volcanic eruption in High Court
The High Court in Volcanic Investments Limited1 v Dempsey & Wood Civil Contractors Ltd has signalled a departure from the conservative approach of the...
Breach of contract?
According to Judge Fogerty, it was plain that Smeaton never contracted the responsibility for the formula for the mix and its placing to GPL....