By Andrew Steele - 26 Apr 2012
- 2 comments
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.
Although any transfer of ownership operates to terminate a claim
under the WHRS 2006 Act, the previous 2002 Act, applicable to this
case, did not have that result.
The Tribunal's decision to remove our client's unit from the
multi unit claim was overturned.
For further information in relation to multi unit leaky building
claims please contact our leaky building team.