Tag: Legal
Judicial review of CCA determinations rare
By Timothy Bates, Legal Vision
In this month’s article I wish to review the decision of Anderson & Another v Swindells & McDowall Renovations Ltd,...
Builder fined for failing to file a ‘record of work’
By Timothy Bates and Sabina Boyd, Legal Vision
The High Court decision of the Ministry of Business Innovation and Employment (MBIE) v Bell dealt with...
Who’s liable for apartment building deck repairs?
By Tim Bates
In this month’s article I’ll review the High Court decision of Body Corporate 199380 v A Cook & Others, which dealt with...
Substantial judgement from the case of a leaky school
By Timothy Bates, Legal Vision
This month’s article concerns the May 2018 judgement of the Ministry of Education & Others v H Construction North Island Ltd.
It...
Joint and several liability — should it be replaced with proportionate liability?
By Timothy Bates of Auckland law firm Legal Vision
In this month’s article I wish to discuss a long-standing debate as to whether the current...
The Building Act 2004 — a refresher course
In this month’s article, I wish to review several of the key provisions of the Building Act 2004.
Section 8 defines “building”, and sets out...
Council’s leisure centre liability reimposed by Supreme Court
In this month’s article I wish to revisit the case of Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council that I have...
Judicial review — not to be used as a means of appeal of an...
To start the new year, I’ll review the very recent decision of Body Corporate 200012 v BP Keene QC & Others where a body...
What constitutes effective service of key legal documents?
It is now commonplace for many business relationship communications to be conducted predominantly in email form. Construction contracts are no exception.
Typically, the key device...
Decision clarifies who is liable for meeting design objectives
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...