Olivia Waiyee Lee v Whangarei District Council - SC 68/2016

A The application for leave to appeal is granted in part (Olivia Waiyee Lee v Whangarei District Council [2016] NZCA 258).
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
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A The appeal is allowed.  The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant.  We certify for second counsel.
 C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016