Hamlin v Bruce Stirling Ltd - [1993] 1 NZLR 374

Tort — Negligence — Duty of care — Breach of duty — Foundations of home inadequately constructed — First cracks appearing two years after completion — Proceedings not issued until 18 years after completion following advice by builder that foundations were faulty — Whether council in breach of duty in perusing plans and specifications and in carrying out inspection of foundations.

Practice and procedure — Limitation of proceedings — Foundations of home inadequately constructed — First cracks appearing two years after completion — Proceedings not issued until 18 years after completion following advice by builder that foundations were faulty — Whether proceedings barred by Limitation Act — When time begins to run — Limitation Act 1950, s 4.

Damages — Assessment — Inadequate home foundations — Whether cost of repairs is the measure — Whether absence of precise measure is a bar — Extent of award of general damages.