Court of Appeal Wellington
21, 22 June; 5 July 1988
Cooke P, Richardson, McMullin, Somers and Casey JJ
21, 22 June; 5 July 1988
Cooke P, Richardson, McMullin, Somers and Casey JJ
Building — Construction and control — Damage from subsidence — Breach of statutory duty — Negligence — Limitation of proceedings — Liability of builder and local authority — Proceedings were commenced more than 20 years after house was constructed — Bylaws required foundation to a solid bottom — Foundations were not in fact on a solid bottom — Whether builder and local authority could be found liable in the absence of negligence — Whether negligence had been proved in this case — Observations on when such a proceeding is statute-barred.
Loading... Please wait...
