High Court Wellington
CIV-2015-485-594, CIV-2015-485-773
17 August–11 December 2020, 23 June 2021; 11 August 2021
France J
CIV-2015-485-594, CIV-2015-485-773
17 August–11 December 2020, 23 June 2021; 11 August 2021
France J
Tort — Negligence — Duty of care — Product liability — Duty owed by manufacturer of building products to homeowners — Whether duty novel — Fit for purpose if constructed correctly — Not defective — Not liable for intervening acts of others — Controlled by scope of duty and breach — Not by existence of duty.
Tort — Negligence — Breach of duty — Duty to Warn — Building product and system — Fit for purpose if constructed correctly — Technical manuals — Discharged duty that existed at the time manuals issued — No defect.
Misleading conduct — Design and testing — Not “in trade” — Statements directed at designers and builders with necessary experience — Fair Trading Act 1986 ss 9 and 10.
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