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Court of Appeal reject attempt to strike out leaky building claim

Court of Appeal reject attempt to strike out leaky building claim

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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Leaky home liability insurance

Leaky home liability insurance

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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Trial Periods

Trial Periods

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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DIY-ers take note

DIY-ers take note

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 Financial Assistance Package fails to attract many leaky home owners

The Financial Assistance Package fails to attract many leaky home owners

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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High Court the court of last resort for leaky home owners

High Court the court of last resort for leaky home owners

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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Vendors Breathe Sigh of Relief

Vendors Breathe Sigh of Relief

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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"A Rotten Shame" - a finalist for 2011 NZ Film Award

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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Council held liable for 100 percent

Council held liable for 100 percent

The Weathertight Homes Tribunal has determined that the Auckland Council is solely liable to pay the full amount of damages in a leaky building case. Auckland Council is to pay the full amount awarded in respect of four out of the nine units which were the subject of BOAC v Auckland Council.

By Andrew Steele - 10 Nov 2011

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Leaky Homes Package

Leaky Homes Package

The Government's financial assistance package for owners of leaky homes has recently come into effect. Home owners may choose between taking the Council to Court for the recovery of the costs of repairs, or signing up for the assistance package. Accepting the package means that home owners cannot seek any further compensation from the Council.

By Andrew Steele - 9 Aug 2011

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