Posts Tagged ‘Negligence’

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 [...]

New English decision – A contractor has an obligation to meet design objectives even if design supplied inadequate to meet design objective.

In this month’s article I wish to review the August 2017 United Kingdom Supreme Court decision of MT HA,jgaard A/S v E.ON Climate & Renewable UK Robin Rigg East Limited and another. The background MT HA,jgaard A/S (MTH) designed and installed foundational structures for two windfarms, which failed shortly after the completion of the project. [...]

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 [...]

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 [...]

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 [...]