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 [...]
In this month’s article I wish to review the Court of Appeal decision of Wellington City Council v Dallas. I had previously reviewed the High Court decision in my May 2014 article. Facts. This appeal concerned a leaky home built in early 2000 by Kingdom Residential Housing Limited. The Owners had sued the Council who in turn [...]
In this month’s article I review the 2014 decision of Derwin & Diar v Wellington City Council & Ors in which the Council brought a claim against the director of a building company for $464,000. It is a lengthy Wellington High Court decision, so I will just address those aspects I deem relevant to the [...]
New Court of Appeal decision – Blain v Evan Jones Construction Limited The fact surrounding this case were as follows:- The Greymouth District Council entered into a construction contract whereby Evan Jones Construction Limited (EJCL) agreed to construct an aquatic centre for the Council. The Council also entered into a design and contract administration [...]
Timothy Bates and Sarah Wray of Auckland law firm Legal Vision discuss a recent decision of the High Court which is a must read for pre-purchase house inspectors. In the case of Hepburn & Ors v Cunningham Contracts Ltd & Anor [2013] NZHC 210 the Plaintiffs purchased a property in reliance on a pre-purchase inspection [...]
Fair Trading Act 1986 This High Court decision followed on from a successful claim the Commerce Commission brought against Carter Holt Harvey in the Auckland District Court. In the District Court, Carter Holt Harvey pleaded guilty to twenty charges laid under section 10 of the Fair Trading Act 1986 by the Commerce Commission for misleading [...]