North Shore City Council v The Attorney-General - SC 77/2010

Summary

Civil – Duty of care – Whether Building Industry Authority owed a duty of care to the Council in connection with 1995 review of Council’ s building regulatory operations and functions under Building Act 1991 – Whether case so untenable to justify striking out of third-party notice.[2010] NZCA 324 26 July 2010

Result

A Leave to appeal is granted.

B The approved grounds are:

(i) Whether it is reasonably arguable that the BIA owed a duty of care to the Council in relation to the Grange development in any of the respects pleaded (as described in para 13.1 – 13.3 of the Council’s submissions in support of its application for leave to appeal).

(ii) Whether it is reasonably arguable that the BIA owed a duty of care to the plaintiff body corporate and unit owners in the respect pleaded (as described in para 13.4 of the Council’s submissions in support of its application for leave to appeal).

13 October 2010

________________

The appeal is dismissed.

The appellant is to pay the respondent costs of $40,000 and reasonable disbursements in connection with this appeal, as fixed by the Registrar if necessary.

27 June 2012

Additional Information

Transcript Hearing date : 1 – 3 November 2011
Elias CJ, Blanchard , Tipping, McGrath, William Young JJ.