I wish to review the September 2016 decision of Auckland Electrical Solutions Limited v The Warrington Group Limited. This was a claim that started as a summary judgment application in the District Court where summary judgment was declined. It ended up before Justice Downs in the High Court. Factual background. The Appellant (Auckland Electrical) sent [...]
In this month’s article I wish to review a selection of findings contained within the substantial decision of the Supreme Court in Carter Holt Harvey Limited v Minister of Education & Ors. Facts. This claim arose from the Government’s use of a cladding product known as “Shadowclad” in schools throughout New Zealand. This product was [...]
The decision I want to review this month is set out above. Proceedings were issued by Ecotech to set aside a statutory demand that had been issued against it by one of its client Mr Baumann (Mr B). It is important to set out that the statutory purpose of a statutory demand issued pursuant [...]
In this month’s article I wish to focus upon a decision where the liability of a supplier/manufacturer was considered under the Consumer Guarantees Act 1993. This was an interlocutory decision as to whether to strike out the claims brought in negligence, and under the Consumer Guarantees Act 1993, on the basis that that they were [...]
In last month’s article Mike Fox brought to the attention of readers his concerns with the amendments made to the Construction Contracts Act 2002 (CCA), which bring into play a new retentions regime. These amendments come into force from 31 March 2017. I wish to more fully outline the regime to be introduced and comment [...]
Manchester Industrial Holdings Limited v Hazelton & Bussell Construction Limited In this month’s article I wish to review a 2016 decision on the Construction Contracts Act 2002 (CCA). This claim ended up in the High Court as a result of judicial review proceedings issued by Manchester alleging errors of law had been made by [...]
In this final article of 2015, I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by operation of the Construction Contracts Amendment Act 2015 (“the Amendment Act”). The Amendment Act was given royal assent on 22 October 2015. Many of the changes come into force on 1 December 2015, [...]
In this month’s article, I wish to review the recent decision of Tan v Auckland Council. The Appellant Mr Tan had been charged by the Auckland Council with one charge of carrying out building work without a building consent contrary to section 40 of the Building Act 2004. By way of background section 40 states:- [...]
In the first article for 2016 I wish to look at a recent Court of Appeal decision JCS Cost Management Limited v SR Johnson & QBE Insurance (International) Ltd which shows the limitations that come with professional indemnity cover. Facts. In this decision, (which was an appeal from a High Court decision in [...]
Carter Holt Harvey Limited v Minister of Education. In this month’s article, I wish to summarise the key findings contained in the aforementioned Court of Appeal decision. Facts. Many schools located around New Zealand owned or administered by the Ministry of Education have been affected by weathertightness. The Ministry filed a product liability claim in [...]