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North Shore City Council v Attorney-General - [2012] 3 NZLR 341

$30.00

Supreme Court of New Zealand Wellington
SC77/2010; [2012] NZSC 49
1, 2, 3 November 2011; 27 June 2012
Elias CJ, Blanchard, Tipping, McGrath and William Young JJ
Practice and procedure — Limitation — Ten-year limitation in relation to building work — Claim that report led to territorial authority carrying out negligent inspections — Whether time began to run out at date of report by the Building Industry Authority — Observation — Building Act 2004, s 393.
Practice and procedure — Striking out — Principles for striking out proceedings — Statement of claim — Causes of action to be so clearly untenable that could not succeed — High Court Rules, rr 4.16 and 15.1.
Torts — Duty of care — Foreseeability, proximity and public policy — Principles — Factors to be considered in novel situations — Proximity in claims against statutory bodies — Whether statutory body assumed responsibility by sending copy of report to plaintiff.

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