Judgment finds in favour of the plaintiffs — but there’s only two solvent defendants!
The Nautilus is a multi-unit residential complex situated in Orewa in close proximity to Orewa Beach.It is a 12-level mixed use development, with shops...
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...
Choosing the right forum for your dispute
Over the past four years or so two acts have been passed in relation to the construction industry that provide alternative dispute resolution procedures...
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...
The liability of vendors pursuant to clause 6.2(5) of the standard Agreement for Sale...
It is often the case that one of the named respondents in any given leaky building claim will be the party that sold the...
Leaky buildings: Council fails to escape liability
Background
The plaintiffs, Peter and Patrick McNamara, purchased a home in Arney Crescent, Remuera, Auckland, soon after its completion in 2004. It became...
Solicitors sued in negligence attempt to issue third party notice against the builder?
Facts
The trust owned a property with a homestead in Queenstown. Davenports was a professional trustee for the trust and was its solicitor.
The homestead suffered...
The case of a relocation company’s liability in respect of a defective home
Tim Bates and Fiona Dobroshi of Auckland legal firm TM Bates & Co assess the High Court decision in Stott v Uplifting Homes Ltd,...
Strict on striking out — prepare your oppositions carefully
The High Court has recently considered the scope of the Weathertight Homes Tribunal in removing parties from proceedings. The result certainly raises the...
Leaky buildings Round 2 — remediation consultant apportioned 60% of the liability pie
Timothy Bates, principal of Auckland law firm Legal Vision, reviews the 2014 High Court decision of BC 160361 & Others v BC 2004 Ltd...