Posts Tagged ‘Contributory Negligence’

Lee & Lee v Auckland Council: Council negligent by omission to issue a Notice to Rectify

In this month’s article I address a new leaky building decision which went on appeal to the High Court from the Weathertight Homes Tribunal (WHT).  I summarise the facts of this decision below:- GIL was the developer and head contractor of this house which was constructed in 2002/2003; The consent plans detailed a solid plaster [...]

WHRS Claims Builder’s Personal Liability and Contributory Negligence

In this month’s article I wish to comment upon aspects of two recent WHRS adjudications. You will remember from previous reading, that an adjudication is the next step in the leaky building process, if mediation fails. It is the step most akin to a Court hearing, and is presided over as if it was a [...]

A recent case – Negligent Electrician

This week I wish to summarize a recent case. It is an appeal from District Court to High Court. It considers the liability in negligence of an electrician. Angus Kenson (AK) v Shahnaaz Enterprises (SE). SE owned a building in a shopping mall in Porirua. It was leased by a Pastor of a church (Lessee) [...]