Auckland lawyer Mike Thornton, a specialist in leaky building cases, says many people in the Browns’ predicament have sued Auckland Council for issuing a Code Compliance Certificate (CCC) for a defective building.
Dispute Resolution clause no bar to cancellation of contract
Consumer NZ obtains pre-purchase building reports
Of Leaking Schools
The recent High Court decision holding Hawkins Construction liable to pay $13.4m plus GST to repair a leaky school[1] 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.
"Is your house a leaky home?", "No, it isn't a leaky house". Here's what the courts thought.
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 [2017] NZHC 51.
The Court of Appeal said no: Magee v Mason [2017] NZCA 502