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Civil litigation results

Postscript: Body Corporate 90315 v Redican Allwood Limited

This is a postscript to our legal update 'High Court holds disclaimer in pre-purchase report effective to exclude liability to third party' dated 15 July 2014.   ..

Court of Appeal upholds confidentiality of 'without prejudice' communications in employment disciplinary process

The Court of Appeal in Morgan v Whanganui College Board of Trustees [2014] NZCA 340 (22 July 2014) dismissed an appeal from the Employment Court, upholding the confidentiality of 'without prejudice' communications, even when the conversation in question occurred before a decision was made to dismiss the employee. ..

Property with sea and pedestrian access not necessarily landlocked

  1. In a recent case (Greenslade v Honeymoon Bay Holdings Ltd [2014] NZCA 315 (14 July 2014) the Court of Appeal found that “reasonable access” to a residential property does not necessarily mean vehicular access.
  2.  ..

High Court holds disclaimer in pre-purchase report effective to exclude liability to third party

In Body Corporate 90315 v Redican Allwood Limited [2014] NZHC 1212 a pre-purchase building inspector successfully defended claims for alleged negligent misrepresentation and breach of the Fair Trading Act 1986, by relying on a disclaimer that the report could not be relied on by any third parties.  ..

High Court finds settlement agreement does not cover settlement of unknown claims

In Finnigan, Tinos Trustee Limited and Carytids Trustee Limited v Auckland Council [2014] NZHC 1390, the High Court has found an agreement stated to be "in full and final settlement of all issues howsoever arising" did not settle claims relating to weathertightness issues which were unknown at the date of the settlement.   ..

Supreme Court declines to enforce arbitral award with defective appeal provision: Carr v Gallaway Cook Allan [2014] NZSC 75

In Carr v Galloway Cook Allan (20 June 2014) the Supreme Court has affirmed the fundamentally contractual nature of the arbitration process, finding that an arbitral award should be set aside on the basis that the underlying arbitration agreement contained a defective appeal provision. While the case turns somewhat on the fact that the parties had both mistakenly assumed the award could be appealed on questions of fact as well as law, the case demonstrates the necessity for a proper contractual basis for awards.  ..

Significant victory for leaky home owners

Last week the Supreme Court released its decision in Osborne v Auckland Council and the Weathertight Homes Tribunal [2014] NZSC 67. This is an important victory for the owners of leaky homes.  ..

Product claims and the 10 year limitation period

In over a decade of leaky building litigation, there has been no decided cases on the issue of whether any of the cladding systems used over this period are inherently flawed. ..

Time limits and voluntary assumption of risk in leaky home claim

If you suspect you may have a leaky home, the best advice is to act quickly to investigate your suspicions. If you deliberately refrain from making inquiries or confirming your suspicions because you prefer not to have the result, that will not prevent the running of the applicable limitation periods.  ..

High Court rules claims against cladding suppliers do not expire after 10 years

In a landmark decision, the High Court has decided that claims against cladding suppliers are not subject to the 10 year limitation on claims in the Building Acts.  ..