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High Court the court of last resort for leaky home owners

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].


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