Leaky Building Disputes

2014 - 2013 - 2012 - 2011 - 2010 - 2009 - 2008 - 2007 - 2006 - 2005
 

2014

LEE v WHANGAREI DISTRICT COUNCIL [2014] NZHC 1002 13 May 2014

application to appeal out of time from decision of Weathertight Homes Tribunal – length of delay – reasons for failure to appeal in relevant time – prejudice – merits of the appeal

KWAK v PARK CIV-2013-404-4674 25 February 2014

High Court transfer of appeal from Weathertight Homes Tribunal to the Court of Appeal – scope of the non-delegable duty of care owed by property developers to subsequent purchasers


2012


McNAMARA & ORS v AUCKLAND CITY COUNCIL [2012] NZSC 34

BODY CORPORATE NO. 207624 V NORTH SHORE CITY COUNCIL 11 October 2012

NORTH SHORE CITY COUNCIL v THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS AND LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY [2012] NZSC 49 27 June 2012

2011

BODY CORPORATE NO. 207624 v NORTH SHORE CITY COUNCIL SC 58/2011 5 August 2011


2010

NORTH SHORE CITY COUNCIL v BODY CORPORATE 188529 (SUNSET TERRACES) 17 December 2010

CHEE v STAREAST INVESTMENTS LIMITED CIV 2009-404-005255 1 April 2010


2008

KELLS v AUCKLAND CITY COUNCIL 30 May 2008


2007


STRUTHERS V PATTERSON AND ANOR- HC - 664345WN - 20070605172401247 - MAY 2007.pdf

STANDEN v WAITAKERE CITY COUNCIL CIV 2657/04 24 April 2007

leaky building - negligence - betterment - general damages - contributory negligence - Council's duty to a homeowner - pure economic loss - reliance

The Judge concluded that the Standens must accept some responsibility for entering into the contract when a code compliance certificate had not been issued. This was assessed as 10% contributory negligence. The Judge went on to find that the Council were negligent in issuing the original building consents. If the consent plans had included properly detailed cross sections of decks and deck barriers, they would have showed a sloped top (not a flat top), a break between the balustrade walls and the deck membrane, and the east deck subfloor ventilation. In making an overall assessment the Council was found to be 60% liable for the cost or remedial works with the builder being 40% liable. This case is the highest apportionment to date as against a local authority.

TEMATA PROPERTIES LIMITED ANOR v HASTINGS DISTRICT COUNCIL ORS 15 November 2007

2005

BODY CORPORATE 187947 v LING CIV 2004-404-1149 13 May 2005

strike out - summary judgment - leaky buildings - negligence - liability of director - duty of care

The Court considered the case of Trevor Ivory and concluded that the principles applied in that case are not restricted to cases of negligent advice but apply whenever a company director is claimed to owe a duty of care. Whether a duty of care arises will depend on the facts of each case. There is not simply formula which makes it possible to categorise the circumstances in which a director may be personally liable. The Court found there were circumstances which suggested an assumption of responsibility sufficient to found personal liability. Application dismissed.

WAITAKERE CITY COUNCIL v SMITH CIV-2004-090-1757 28 January 2005

leaky homes - jurisdiction of WHRS tribunal to award general damages - pre-purchase report - Three Meade Street Ltd v Rotorua District Council - causation - contributory negligence

Mr Smith purchased home after obtaining a pre-purchase report. That report failed to advise him of a significant problem with the drainage work. The Council building inspector had failed to notice the same problem. On causation the Judge held that the negligence of both inspectors contributed to the loss. The purpose and intent of the Act is not inconsistent with a power to award general damages but is in fact enhanced by it. Appeal dismissed.

About Us

With 20 years experience in the avoidance, management, and resolution of building and construction disputes, the Building Disputes Tribunal is recognised and respected as the leading independent, nationwide provider of specialist dispute resolution services to the building and construction industry.

Find Out More