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

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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!

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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

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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?

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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...

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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

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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

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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

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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

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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?

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According to Judge Fogerty, it was plain that Smeaton never contracted the responsibility for the formula for the mix and its placing to GPL....