In Body Corporate 346930 & Anor v Argon Construction Limited & Anor [2015] NZHC 129 (Asher J) (the “Scholar decision”) released by the High Court on 10 February 2015 Katz J struck out a claim by Auckland City Council against the Building Industry Authority (“BIA”). Council alleged that BIA owed Council and Scholar (the building owners) a duty of care to investigate queries concerning the activities of private building certifiers (“a duty to investigate”) which it breached by failing to investigate a certifier, Compass. Secondly, Council alleged that the BIA owed Council and the owners a duty to notify them in a timely manner when the scope of authority of Compass was modified (“a duty to notify”).
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