By FRANA DIVICH – PARTNER, HEANEY & PARTNERS.
Stopped clock provisions come under scrutiny again.
At the end of 2016, the Supreme Court in Lee v Whangarei District Council 1 NZLR 401 held that homeowners who had applied for assessors’ reports stopped the clock running for limitation purposes, not just for proceedings in the...
Assessor’s report stops time running in all jurisdictions.
Ajudgment released by the Supreme Court on December 22, 2016 provides leaky building owners, who have an assessor’s report and an eligible claim, a choice of jurisdictions where one may not have existed before. The issue considered (in Olivia Waiyee Lee v Whangarei...
Contributory negligence or no claim? Sarah Macky, a partner at law firm Heaney & Partners explains the implications for councils.
The Weathertight Homes Tribunal and the courts have leant towards findings of contributory negligence on the part of claimants where claimants have purchased property which they know is defective or is...
