Posts Tagged ‘Consumer Guarantees Act 1993’

Jefferson and Wilson v Straw Homes Limited and Anor

In this month’s article I wish to review the July 2017 decision of Jefferson and Wilson v Straw Homes Limited and Anor. Introduction/Summary Straw Homes Limited (S) was employed to build a home for Mr Jefferson and Ms Wilson (J). There were delays and cost overruns in the work completed by S, which J refused [...]

Liability of a cladding supplier/manufacturer Consumer Guarantees Act 1993 – Strike out application fails – Carter & Ors v Metal Design Solutions Limited & Mico New Zealand Limited.

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 [...]

Leaky building round 2 – Remediation Consultant apportioned 60% of the liability pie.

BC 160361 & Ors v BC 2004 Limited & Ors In this month’s article I wish to review a 2014 High Court decision which considered relative responsibilities of Council, Builder and a Building Consultant for the losses arising from a failed leaky building repair. Background. Fleetwood Apartments suffered from systemic leaky building syndrome.  The Body [...]

Building suppliers potentially liable to end users in negligence/Consumer Guarantees Act 1993.

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 [...]