From 14 June 2012, changes will be occurring to procedure
in the District Courts. These changes aim to "iron out some of the
kinks" in the District Courts Rules which came into force in
2009.
By Claire Mansell - 21 May 2012
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On an appeal from a decision of the Weathertight Homes Tribunal
(BC 180379 & ORS v Auckland Council CIV 2011-404-5330) Fogarty
J recently ruled in favour of our client's appeal and confirmed the
spirit of the leaky homes legislation to be remedial, with the
intended purpose being to assist leaky home owners to repair their
homes. He did not accept the respondents' arguments that technical
procedural requirements could result in a unit owner's claim
failing following transfer to their LAQC.
By Andrew Steele - 26 Apr 2012 - 2 comments
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On 29 March 2012 the Court of Appeal delivered its Judgment in
Visini v Cadman & Anor CA400/2011. The Court ruled in favour of
our client and threw out an attempt by the Defendant to overthrow
the leaky building claim on an alleged procedural technicality.
By Andrew Steele - 20 Apr 2012
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If a party facing liability in a "leaky home" case has liability
insurance, they can involve their insurance company in the
litigation. In cases where this happens, a key issue is
whether the other parties facing liability can seek recovery from
the insurance company directly, rather than from the insured
party.
By Andrew Steele - 1 Mar 2012
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A recent Employment Court decision has given further direction
about employers' obligations when implementing 90 day trial
periods.
In Blackmore v Honick Properties Limited, the
applicant, Mr Blackmore, applied for a position as a farm
manager. After the initial interview, the employer sent Mr
Blackmore a letter offering him the position, which he accepted. Mr
Blackmore then resigned his current position and relocated his
family so he could start his new role.
By Claire Mansell - 17 Feb 2012
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The new Licensed Building Practitioner regime comes into force
on 1 March 2012. From that date, certain building work, known
as Restricted Building Work, must be done by a Licensed Building
Practitioner.
By - 10 Feb 2012
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The Department of Building and Housing's recently published
statistics for leaky building claims illustrate that the number of
leaky home owners taking up the FAP (the government's Financial
Assistance Package) has been low at just 73 claims to date. Out of
a total of 1,838 active claims that is a very low percentage of
just 3.9%.
By Andrew Steele - 19 Jan 2012
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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.
By Andrew Steele - 16 Dec 2011
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In a recent decision of the Weathertight Homes Tribunal, Keven
Investments Ltd v Arthur & ORS, both claims against the vendors
were dismissed.
By - 5 Dec 2011
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Ground breaking documentary "A Rotten Shame" was a finalist in
the Investigation of the Year category at this year's Aotearoa Film
& Television Awards.
By - 14 Nov 2011 - 1 comment
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