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The High Court has held (Singh v Boutique Body Corporate Limited  NZHC 1707 19/07/19) that members of a body corporate committee owe no duty to a member disgruntled at paying levies to repair weathertightness issues.
Auckland lawyer Mike Thornton, a specialist in leaky building cases, says many people in the Brown’s predicament have sued Auckland Council for issuing a Code Compliance Certificate (CCC) for a defective building.
The High Court held a dispute resolution clause in a homeowners’ contract with their builder to build their house did not prevent them cancelling the contract when the builder left site due to non-payment of invoices.
Finds a wide variation in the standard of reporting, and calls for a licensing scheme. MBIE has shown no interest in reform so far.
The recent High Court decision holding Hawkins Construction liable to pay $13.4m plus GST to repair a leaky school has been in the news, probably because of the size of the judgment (though it's not the biggest leaky building judgment) and that it is a school with a role of nearly 2000.
Can you sue the person who sells you their leaky house because before you bought they told you it wasn’t? The answer is: no, though it may depend on what court you end up in.
The High Court said yes: Mason v Magee  NZHC 51.
The Court of Appeal said no: Magee v Mason  NZCA 502
A recent High Court decision has confirmed that the ownership of an apartment as part of a unit title is not “all for one, one for all” when it comes to decision making. The wishes of the majority can override the interests of a minority.
I came across this broadcast where Ali Mau was joined by John Green, Director of Building Dispute Tribunal and BuildSafe, covering what you should do before getting a builder in for a renovation or build.
Here’s a concise distillation of the elements of effective building legislation by Kim Lovegrove FAIB.
Michael Thornton talks to NBR Radio’s Grant Walker.