Lester v White - [1992] 2 NZLR 483

Negligence — Duty of care — Builder constructed flats on unstable land formerly a rubbish tip — Negligent design and construction of foundation system — Whether builder and/or supplier of steel for piles owed a duty of care — Scope of duty of care — Local authority granting permit — Whether local authority under obligation to ensure no defects or inadequacies in design and plan of building and foundations — Whether duty of care owed to subsequent owners of flats by builder, building engineer or local authority — Observations as to circumstances in which doctrine of res ipsa loquitur applicable.

Negligence — Duty of care — Builder constructed flats on unstable land formerly a rubbish tip — Negligent design and construction of foundation system — Whether subsequent owners' knowledge of the land being filled land and former rubbish tip contributed to damage suffered — Extent of duty to inquire as to adequacy of foundation system.

Practice and procedure — Limitation of proceedings — Time at which cause of action arises — Whether at time when damage resulting from defects reasonably discoverable — Whether time fixed in relation to discoverability by original or subsequent owner.

Damages — Assessment — Observation as to measure of damages if recoverable — Whether damages be assessed on cost of replacement of flats or remedial work or to restore flats to satisfactory standard — Whether costs of most economic remedy for damage caused was proper measure of damages.