The Auckland High Court delivered an interim decision where the body corporate and a number of individual proprietors and lessees of units at Sunset Terraces sued the Council, developers and the designer in negligence and sought substantial damages. They were successful against the Council and the developers, but all their claims against the designer failed.
Kevin Kilgour has been appointed as a new Member of the Weathertight Homes Tribunal and will be based in Auckland. Kevin Kilgour will join the current Members of the Tribunal in determining issues regarding leaky homes.
High Court, Auckland CIV 2004-404-003230, 30 April 2008 - Heath J
[1977] 1 NZLR 394 (Court of Appeal)
High Court, Auckland CIV 2007-404-002317, 21 December 2007 - Doogue AJ
High Court, Dunedin AP 66-95, 19 December 1995 - Hansen J
High Court, Auckland CIV 2004-404-001065, 22 December 2006 - Baragwanath J
High Court, Auckland CIV 2006-404-000276, 25 May 2006 - Courtney J
High Court, Auckland CIV 2006-404-002589, 29 March 2006 - Stevens J
High Court, Auckland CIV 2008-404-1812, 30 May 2008 - Asher J
This is a decision regarding an appeal and judicial review of a Procedural Order whereby the Tribunal declined to remove certain parties from the proceedings. Those parties argued that they ought to be removed based on the notion that the claims made against them were statute-barred. Their appeal and judicial review was unsuccessful in the High Court.
District Court, Nelson: CIV 2008-042-00168, 14 July 2008, Judge SM Harrop
This decision concerned an appeal of a determination made by the Tribunal on the grounds that the Claimants did not comply with section 148 of the 2006 Act when they withdrew their claim under the former 2002 Act. The District Court however held hat the Eastons did comply with section 148 and therefore the Tribunal had jurisdiction to consider and determine their claim as it did
[1984] 2 NZLR 548
[1979] 2 NZLR 234 (Court of Appeal)