Peter Hardie McNamara and Patrick Sturgeon McNamara as Trustees of the PH McNamara Family Trust v Auckland City Council - SC 85/2010

Media releases

sc 85 2010 mcnamara v auckland city council press release (PDF 95 KB)

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that the respondent did not owe a duty of care to the appellant; whether the Court of Appeal erred in not finding that the building certificate issued by a third party was invalid under the Building Act 1991.[2010] NZCA 345 CA 457/2009 3 August 2010.

Result

A The application for leave to appeal is granted.
B The approved grounds are: Whether a local authority: (i) owes a duty of care to purchasers of units in a residential development for which a code compliance certificate was issued by a private certifier which was acting outside of its authority to issue such certificates; and/or (ii) was immunised by s 50(3) of the Building Act 1991 against liability in relation to its actions in reliance on such a certificate.
30 November 2010
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Appeal dismissed.
The appellants are to pay the respondent costs of $25,000 and reasonable disbursements in connection with this appeal, as fixed by the Registrar if necessary.
9 May 2012

Hearing Transcripts

sc 85 2010 mcnamara family trust v auckland cc (PDF 983 KB)

Additional Information

Transcript

Hearing date : 19 April 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.