Riddell v Porteous - [1999] 1 NZLR 1

Tort — Negligence — Negligent builder — Appellants employed builder on labour only basis to construct deck — Builder constructed deck which did not correspond to specification and damage resulted — Appellants had sold property and were liable to purchasers under warranty in agreement for sale — Duty of care — Whether sufficient degree of proximity or closeness of relationship to give rise to a duty of care — Consideration of policy issues which might operate to negate duty.

Tort — Negligence — Liability of council — Council inspector failed to notice that deck did not correspond to specification — Appellants engaged builder on a labour only basis and engaged other contractors directly — Whether appellants had assumed responsibility for ensuring deck was constructed to specification.