Posts Tagged ‘Council’

High Court consideration of negligence and misleading conduct for supply of building materials and specifications.

In the High Court decision of Ulrich v Far North District Council and others (“the Council”), the Court was asked to determine whether Global Fibre8 Limited (“GF8”) was negligent and had engaged in misleading and deceptive conduct, through supplying defective building materials and specifications to the Urlich’s. Facts. In 2015, the Plaintiffs Karen and Randolph [...]

High Court consideration of Council negligence for fallen tree.

In the High Court decision of Plaza Investments Ltd (“Plaza”) v Queenstown Lakes District Council (“the Council”), the Court was asked to determine whether the Queenstown Lakes District Council had breached their duty of care by allowing a tree to fall onto a neighbouring hotel property. Facts. Plaza owns a lakeside motel in Queenstown, with [...]

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 [...]

Leaky Building Claim fails against Vendor, Council and Builder.

Timothy Bates and Katrin Saran Lee of Auckland law firm Legal Vision examine a recent High Court decision (Hooft Van Huijsduijnen & Anor v Woodley & Ors [2012] NZHC 2685) in which the High Court was required to consider (on appeal), a claim in negligence against the Council, the builder, and a claim for breach [...]