Posts Tagged ‘Duty of Care’

Let builders beware — duties of care arising from labour-only contracts

Written By: Tim Bates and Suzie Matheson Justice Williams has spelled out the duties of care for labour-only builders in the recent High Court decision in Boyd & Another v McGregor & Another. Background The High Court was considering an appeal by the builders, Boyd and Halliday, of the liability apportioned to them by the [...]

Sunset Terraces – Multi-unit Leaky Building Claim

This article focuses upon the judgment of Justice Heath in the very recent decision of Sunset Terraces, being the first multi-unit leaky building to proceed all the way to trial in the High Court. SUNSET TERRACES IS A RESIDENTIAL COMPLEX SITUATED IN SUNSET ROAD, MAIRANGI BAY. IT IS A LINEAR UNIT TITLE DEVELOPMENT COMPRISING 21 [...]

Leaky Buildings: When will a director be personally liable for the faults of his or her company?

With the number of leaky buildings in New Zealand tipped to exceed 30,000, a large number of building and construction companies facing water ingress claims will accordingly fail or will be placed into liquidation. Depending on the circumstances, to be explored below, the director or directors of these ill-fated companies may also find themselves personally [...]

Three Meade Street Limited v Rotorua District Council

Council negligence and duty of care to subsequent purchasers of property. This month I feature a recent NZ decision relating to a Council’s duty of care owed to a subsequent purchaser of a commercial property. The case concerned a motel property in Rotorua. The property was developed by Three Meade Street Ltd (3 Meade) in [...]