Posts Tagged ‘Negligence’

Factors Affecting the Liability of a Head Contractor

Timothy Bates and Sarah Wray of Auckland law firm Legal Vision discuss the recent High Court decision of Brett Carrington & Nicolette Carrington v David Easton & Ors [2013] NZHC 2023, which recaps some of the factors which affect the liability of a head contractor. This was a case about allocating responsibility for defective building [...]

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 [...]

How Far Does a Duty Of Care Extend and What is Required to Mitigate Loss?

Vodafone New Zealand Limited v M5 Investments Limited & Ors [2010] NZHC 2136 Chadleigh Danswan of Auckland law firm Legal Vision examines a recent High Court decision concerning the liability of a construction company to the lessee of premises.  Overview In April 2005, Vodafone New Zealand Limited (Vodafone) took full possession as lessee of its [...]

Limitation period for third party contribution

Written By: Chadleigh Danswan Chadleigh Danswan of Auckland law firm Legal Vision examines the recent High Court decision concerning limitation periods applying to third party claims for contribution. Overview On September 24, 2004, a leaky building claim was brought by the Body Corporate and unit owners of an apartment complex located at 8 Farnham Street, [...]

Lake v Bacic — Successful appeal against Weathertight Homes Tribunal decision

Written By: Tim Bates Tim Bates of Auckland law firm Legal Vision further examines duties of care in the Lake v Bacic case where a Weathertightness Homes Tribunal decision was successfully appealed The Bacics, recent immigrants to New Zealand, purchased a unit at the plan stage, in a group of eight that were constructed between [...]

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 [...]