In this month’s article I wish to review the 1 May 2018 judgment of the Ministry of Education & Anor v H Construction North Island Limited. It is a substantial judgment so I have focused upon the pertinent facts and just some of the key legal principles to come from it. Key facts. This proceeding [...]
In this month’s article I wish to revisit the aforementioned case that I have previously reviewed in the context of the limitation defence pursuant to section 393 of the Building Act 2004. This proceeding has now ascended to the Supreme Court on other issues. Factual background. In 1999 the Southland Indoor Leisure Centre Charitable Trust [...]
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. [...]
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 (the first of 2017), I wish to review a decision of 1972 heard in the Auckland Supreme Court (the equivalent of the High Court today). It has never been overturned by subsequent case law to the best of my knowledge. It was a decision of Justice Henry and concerned a block [...]
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 [...]
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 [...]
Body Corporate 346930 v Argon Construction Limited & Auckland Council. In this recent case the High Court was asked to consider whether the Ministry of Business Innovation and Employment (“MBIE”) or its predecessor the Building Industry Authority (“BIA”) owed a statutory duty/duty of care to the Body Corporate or to the Council. The [...]
Coutts & Anderson as Trustees of the Barley Station Trust v Davenports Harbour Lawyers & Ors In this 2012 decision the Court was asked to rule on whether a third party claim issued by the Solicitors against a builder ought to be struck out. Facts. The trust owned a property with a homestead in Queenstown. [...]
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 [...]