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. ..
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. ..
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. ..
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. ..
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. ..
The date and time an offer is accepted if that acceptance is communicated electronically has been confirmed in an amendment to the Electronic Transactions Act 2002. ..