NMHB Limited v Concrete Structures (NZ) Limited In this month’s article I wish to review the High Court decision of NMHB Limited v Concrete Structures (NZ) Limited. This was an application to set aside a statutory demand under section 289 of the Companies Act 1993, making demand for outstanding amounts owing pursuant to payment claims [...]
In this month’s article I wish to review the 1 May 2018 judgment of the Ministry of Education & Anor v H Construction North Island Limited. It is a substantial judgment so I have focused upon the pertinent facts and just some of the key legal principles to come from it. Key facts. This proceeding [...]
Introduction. This paper is directed at the statutory and regulatory framework that historically and currently regulates building works. In the first part of this paper I will attempt to address the causes of the leaky building crisis. In the second part I will address whether the Building Act 1991 had a role to play in [...]
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:- [...]
Timothy Bates and Katrin Saran Lee of Auckland law firm Legal Vision examine a recent High Court decision (GPE Holdings Limited v Tile ‘N’ Style Limited v Ors [2014] NZHC 802) in which the High Court was required to consider (on appeal), whether a representation made by a building products supplier fell within the definition [...]