Court of Appeal Wellington
11, 12, 13 April; 1 September 1994
Cooke P, Richardson, Casey, Gault and McKay JJ
11, 12, 13 April; 1 September 1994
Cooke P, Richardson, Casey, Gault and McKay JJ
Tort — Negligence — Duty of care — Breach of duty — Council's negligent approval of foundations of house — Whether Council liable for negligence of building inspector.
Practice and procedure — Limitation of proceedings — Council's negligent approval of foundations of house — Foundations inadequately constructed — Proceedings issued against Council 18 years after completion following advice of builder and engineer — Whether proceedings barred by Limitation Act — Whether time running from date of damage or when reasonably discovered — Limitation Act 1950, s 4.
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