Posts Tagged ‘Negligence’

Solicitors sued in negligence attempt to issue third party notice against Builder?

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.  [...]

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, [...]