Carter Holt Harvey Limited v Minister of Education, Secretary for Education, Ministry for Education, and Board of Trustees of Orewa Primary School - SC 93/2015

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Summary

Civil Appeal – Negligence – Building Act 2004, s 392(2) limitation period – Whether the Court of Appeal erred in deciding that the longstop limitation provision under s 393(2) of the Building Act does not apply to claims made in this proceeding – Whether the Court of Appeal erred in deciding not to strike out the respondents’ claims in negligence against Carter Holt Harvey.[2015] NZCA 321     CA 238/2014

Result

A  The applications for leave to appeal and cross-appeal are granted (Carter Holt Harvey Ltd v Minister of Education [2015] NZCA 321, (2015) 14 TCLR 106).
B  The approved grounds are whether the Court of Appeal was correct to conclude that:
(i)   The claims in negligence are arguable;
(ii)  The claims for negligent misstatement are not arguable; and(iii)  Section 393 of the Building Act 2004 does not apply to the claims.
30 November 2015
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A The appellant’s appeal is dismissed.
B The respondents’ cross-appeal is allowed.
C The order striking out the negligent misstatement cause of action is quashed.D The appellant must pay to the respondents (collectively) costs of $45,000 and reasonable disbursements, to be fixed if necessary by the Registrar.
29 July 2016

Hearing Transcripts

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