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High Court Wellington
CIV-2021-442-4
25, 26, 27 July 2022; 1 February 2023
Palmer J
CIV-2021-442-4
25, 26, 27 July 2022; 1 February 2023
Palmer J
Tort — Negligence — Duty of care — Whether rule in North Shore City Council v Attorney-General (The Grange) applicable to certification of swimming pools.
Tort — Negligent misstatement — Duty of care — Whether reports certifying compliance with applicable statutory regime create duty of care.
Tort — Breach of statutory duty — Whether private law remedy for breach of statutory provisions — Building Act 2004 pt 2, subpt 7A.
Practice and procedure — Limitation — Whether “long-stop” provision applies to “loss of chance” to sue for negligence that occurred prior to limitation period — Building Act 2004 ss 91 and 393.
Damages — Compensatory — “Loss of a chance” damages — Calculation of damages where chance lost of successfully pursuing negligence claim for construction of pool.