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 [...]
Welcome back readers from your summer breaks (2013/2014). I trust you all had plenty of time at the beach, and the fish catches were of significant proportions. To commence the year of legal columns in this article I summarise the appeal brought by Mr and Mrs Johnson in their leaky building claim. You may [...]
Timothy Bates and Katrin Saran Lee of Auckland law firm Legal Vision examine a recent High Court decision (Aldridge & Anor v Hamilton City Council & Anor [2013] NZHC 1784) in which the High Court was required to consider (on appeal), a claim in negligence against the Hamilton City Council (Council) and the building surveyor. [...]
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 [...]
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 [...]
The High Court decision of Campbell considers the significance of the issuing of a Code Compliance Certificate by the Council, and what potential liability flows where this is wrongly issued by the Council. This proceeding concerned a leaky home that was bought by Mr and Mrs Campbell in March 1999. The claim brought against [...]
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 [...]
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, [...]
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 [...]
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 [...]