Dicks v Hobson Swan Construction & Others
No doubt most readers are now aware of the decision of Dicks and its implications for the Waitakere City Council. It has received plenty...
Sunset Terraces — a multi-unit leaky building claim makes it to the High Court
Sunset Terraces is a residential complex situated in Sunset Road, Mairangi Bay. It is a linear unit title development comprising 21 townhouses, each of...
Auckland’s Unitary Plan — a changing building landscape
I thought for the last article of 2013, I would report back on some key aspects of the proposed Unitary Plan that was notified...
Assignment of claimants’ rights to council considered to be meddling with statutory joint tortfeasor
This case considered whether an assignment of the plaintiffs’ litigation rights to the Auckland City Council was void for being against public policy.
Facts
The substantive...
Managing director liable under the Fair Trading Act 1986
This appeal concerned a leaky home built in early 2000 by Kingdom Residential Housing Ltd. The owners had sued the council who, in turn,...
Voidable transaction provisions of Act allow payment ‘clawbacks!’
A recent High Court decision involved TRC Consultants Ltd, an audio-visual componentry company, which was asked to pay back $55,000 worth of payments received...
Liability of pre-purchase house inspectors
In the case of Hepburn & Others v Cunningham Contracts Ltd & Another NZHC 210, the plaintiffs purchased a property in reliance on...
Leaky building decision — Builder 40% liable, Council 60% liable
A new District Court decision of Judge Hubble — namely Standen & Standen v Waitakere City Council & Others — has found that 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...
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...