O'Hagan v Body Corporate 189855 [Byron Avenue] - [2010] 3 NZLR 445

Agency — Relationship with principal — Contributory negligence — Whether negligence of agent in failing to obtain LIM attributed to unit owner — Contributory Negligence Act 1947, s 3.

Property law — Unit titles — Standing to sue — Body corporate — Unit Titles Act 1972, ss 9, 12 and 13.

Damages — General damages — Appropriate level of damages for non-economic loss in leaky building cases — Whether corporate entity can claim.

Negligence — Duty of care — Whether territorial authority owes duty of care to residential apartment owners where no code compliance certificate issued — Whether principle of general reliance applies.

Practice and procedure — Standing — Body corporate — Unit Titles Act 1972, ss 9, 12 and 13.

Tort — Contributory negligence — Whether failure to obtain LIM or request Body corporate Minutes amounts to contributory negligence on part of purchasers — Whether negligence of agent in failing to obtain LIM attributed to unit owner — Effect of transfer of property to related party after vendor becomes aware of defects — Contributory Negligence Act 1947, s 3.

Tort — Negligence — Duty of care — Whether territorial authority owes duty of care to residential apartment owners where no code compliance certificate issued — Whether principle of general reliance applies.