By Andrew Steele - 16 Dec 2011
The High Court has refused an application by leaky home owners
John and Helen Osborne for leave to appeal a determination by the
Weathertight Homes Tribunal (WHT) to the Court of Appeal. On 30
November 2011 Justice Woolford held that the Weathertight Homes
Resolution Services Act allows just one appeal of a substantive WHT
decision and that appeal is to the High Court.
The Osbornes' claim against Auckland Council had previously been
thrown out by the WHT. The basis of that decision was that although
the Code Compliance Certificate had been issued by the Council
within ten years of their claim being brought, the Tribunal found
that the house had been built (physical construction had been
completed) more than ten years prior to the claim. The claim
therefore did not meet the WHT's eligibility criteria of having
been built within ten years.
Osborne & Osborne v Auckland City Council HC AK CIV
2010-404-006582 [30 November 2011].