Blair & Co Limited v Queenstown Lakes District Council - SC 82/2009

Media releases

Summary

Civil – negligence – the Court of Appeal struck out a claim against the Queenstown Lakes District Council by the owner of a commercial building – the claim alleged negligence in the course of the approval and building process resulting in a defect in the building that caused loss to the owner – whether it is reasonably arguable that the Council owed a duty of care to the building owner to exercise reasonable skill and care in the performance of its statutory functions and responsibilities under the Building Act 1991.[2009] NZCA 374   CA 441/2008   25 August 2009

Result

Application for leave to appeal granted.
24 November 2009
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Leave to appeal is revoked. The appellant is ordered to pay the respondent costs of $7,500, together with reasonable disbursements incurred prior to the abandonment by Charterhall Trustees Ltd of its appeal (SC 81/2009).  
22 April 2010

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Additional Information

 

Hearing date : 12 and 13 April 2010