Tag: Legal
Building suppliers potentially liable to end users in negligence/Consumer Guarantees Act 1993
Facts
Many schools located around New Zealand owned or administered by the Ministry of Education have been affected by weathertightness issues.
The Ministry filed a product...
Looking back: The LBP Board’s first appeal
The appeal concerned a complaint originally laid by the Far North District Council against Mr Beattie. Mr Beattie was the subject ...
Leaky buildings Round 2 — council potentially caught twice for the same house despite...
I wish to review the recent decision of Devany & Others v Wellington City Council & Others which concerned a Wellington house in the...
Building Act 2004 – Building (Residential Consumer Rights and Remedies) Regulations 2014 – Are...
In this month’s ar ticle I wish to firstly remind you that as of January 1, 2015, the Building (Residential Consumer Rights and Remedies)...
Relief from CCA 2002 ‘Pay now argue later’ provisions
Timothy Bates, principal of Auckland law firm Legal Vision, reviews the recent decision of Brussell Construction Ltd v Manchester Industrial Holdings Ltd.
This is a...
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...
BIA escapes liability in weathertightness case
In this recent case of Body Corporate 346930 v Argon Construction Ltd & Auckland Council, the High Court was asked to consider whether the...
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...
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,...
Construction Contracts Act 2002 — Court of Appeal upholds statutory demand
This was an appeal from a High Court decision which declined an application to set aside two statutory demands based on payment claims.
The Facts
Sol...