Kapohe Family Trust v Cleland [2012] NZWHT Auckland 28 [pdf, 87 KB]
...developer/project manager/head contractor and therefore owed a duty of care to the claimants which they breached. [13] Mr Cleland and Ms Hayward said that this was the only house they had built. They denied they were developers or otherwise responsible for the construction and alleged that the claimants purchased with knowledge of the defects. Mr Crush submits that Mr Cleland and Ms Hayward are entitled to an award of costs against the claimants because the claimants failed...