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Weathertight buildings list

Background

The court manages cases in lists where there are a significant number of cases with similar characteristics. Judges are appointed to case manage the proceedings.

The court runs a Weathertight Buildings List in the Auckland registry. The types of buildings on the weathertight buildings list include commercial premises, apartment blocks and single dwelling homes.

Weathertight buildings cases are complex. The evidence of experts is often required to identify the cause of, and responsibility for the leaks. Experts also advise on the nature of damage and what needs to be done to remedy it. There are often several defendants, including the local authority which certified the building, the building contractor, architect and sub-contractors. The cases typically require several weeks to be heard. Fixtures are allocated on that basis, and on the basis that experience shows most cases on the list are settled rather than determined by trial.

The list judges and procedures

The current list judges for the Weathertight Buildings list are Lang J, Downs J and Associate Judge Bell. One of these judges case manages every case allocated to the list.

At the first conference, a preliminary summary of issues is recorded. A more detailed list of issues is prepared once

  • Discovery is complete
  • All relevant parties have been joined
  • Expert reports have been completed.

The early provision and exchange of expert reports is seen as an essential step in promoting early settlement of the proceedings.

An issues conference may be called. Generally experts attend the issues conference to enable in depth discussion of the issues.

Cases with an estimate of hearing of 10 days or more, always have a pre-trial conference.

Weathertight buildings list statistics as at 31 December 2017

Cases on hand:
31 December 2012

 

 

 

 

 

Total
99

 

2013

2014

2015

2016

2017

 

New filings to 31/12

47

25

19

15

11

117

Disposals to 31/12

78

42

24

12

11

167

Total
Cases on hand: 31 December 2017

 

 

 

 

 

 

 49

 

Weathertight buildings disposals by trial or settlement

Year

                                    2013  

  2014

2015

2016

2017

Total

Trial

                                0

2

1

1

0

4

Settlement

                              78

40

23

11

11

163

Total

                            78

42

24

12

11

167


Cases on hand as at 30 April 2018

TOTAL

                                                                                       49

CASES WITH FIXTURE DATES ALLOCATED

                                                                                      18

 

Weathertight fixture list 2019 - for cases over four weeks

DATE SET DOWN/CIV DETAILS DURATION FIXTURE
28/04/2017 CIV-2012-404-2823 BODY CORPORATE 318566 & ORS v AUCKLAND COUNCIL & ORS 10 weeks Monday 10am
11 February 2019
03/10/2017 CIV-2015-404-3077 BODY CORPORATE 366611 & ORS v DOWNER NZ LTD & ANOR 8 weeks Monday 10am
11 February 2019
24/03/2017 CIV-2013-404-3074 BODY CORPORATE 354994 & ORS v AUCKLAND COUNCIL & ORS 10 weeks Monday 10am
13 May 2019
03/07/2017 CIV-2012-404-5664 BODY CORPORATE 324371 & ORS v CLARK BROWN ARCHITECTS LTD 8 weeks Monday 10am
15 July 2019
07/07/2017 CIV-2016-404-1307 BODY CORPORATE 378353 & ORS v AUCKLAND COUNCIL & ORS 8 weeks Monday 10am
15 July 2019
22/09/2017 CIV-2013-404-5252 BODY CORPORATE 361242 & ORS v AUCKLAND COUNCIL & ORS 12 weeks Monday 10am
15 July 2019
22/09/2017 CIV-2014-404-455 BODY CORPORATE 346086 v AUCKLAND COUNCIL & ORS 20 weeks Monday 10am
15 July 2019