BODY CORPORATE 326421 v AUCKLAND COUNCIL [2015] NZHC 862

Court found plaintiffs proved widespread design and construction defects; Council liable for failing to obtain adequate design detail, for defects in cladding (including roof edge), for plant-room defects (except skylights) and for inspection/CC certificate failures; Brookfield Multiplex liable in contract and tort for construction and many defects; Walker Architects liable for most design/observation failings except skylights and for failing to prevent removal of specified podium capping; Charles Norager liable for defective deck works; Brookfield's claim for indemnity under its professional indemnity policy dismissed because defective workmanship was at least a material contributing...

Citation: [2015] NZHC 862
Parties: First Plaintiff: BODY CORPORATE 326421; Second Plaintiffs: WILLIAM MILLER AND RAEWYN MILLER & ORS; First Defendant: AUCKLAND COUNCIL; Second Defendant: BROOKFIELD MULTIPLEX CONSTRUCTIONS (NZ) LIMITED (in liquidation); Third Defendant: WALKER ARCHITECTS LIMITED (in liquidation); Fourth Defendant (discontinued): DOWNER EDI WORKS LIMITED; Fifth Defendant: FAÇADE TECHNOLOGIES LIMITED (in liquidation); Sixth Defendant: CHARLES NORAGER & SONS LIMITED; First Third Party: BOSTIK NEW ZEALAND LIMITED; Second Third Party: ZURICH INSURANCE PLC (Lead Underwriter)
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 29 April 2015
Procedural Posture: Civil – Building Defects, Negligence and Contract (weathertightness) / Trial Judgment (judgment Delivered 29 April 2015)
Outcome: Judgment for plaintiffs against Auckland Council, Brookfield Multiplex, Walker Architects and Charles Norager for proportionate remediation and consequential losses; Brookfield Multiplex's claim for indemnity under its PI policy dismissed; contribution apportioned between defendants as ordered; costs reserved
Legal Topics: Weathertightness, Building Consent, Code Compliance Certificate, Producer Statements (ps3/ps4), Contributory Negligence, Indemnity Under Professional Indemnity Policy, Apportionment of Contribution, Assignment of Causes of Action / Champerty

Tort Contract Building Law Insurance Law Professional Negligence Property/conveyancing Weathertightness Building Consent +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 3

Parties

BODY CORPORATE 326421

First Plaintiff

WILLIAM MILLER AND RAEWYN MILLER & ORS

Second Plaintiffs

AUCKLAND COUNCIL

First Defendant

BROOKFIELD MULTIPLEX CONSTRUCTIONS (NZ) LIMITED (in liquidation)

Second Defendant

WALKER ARCHITECTS LIMITED (in liquidation)

Third Defendant

DOWNER EDI WORKS LIMITED

Fourth Defendant (discontinued)

FAÇADE TECHNOLOGIES LIMITED (in liquidation)

Fifth Defendant

CHARLES NORAGER & SONS LIMITED

Sixth Defendant

BOSTIK NEW ZEALAND LIMITED

First Third Party

ZURICH INSURANCE PLC (Lead Underwriter)

Second Third Party

Procedural Posture

Civil – Building Defects, Negligence and Contract (weathertightness) / Trial Judgment (judgment Delivered 29 April 2015)

Legal Issues

1 What defects exist (roof, roof edge, cladding, decks, balustrades, podium)?
2 Who is liable (Council, Brookfield Multiplex, Walker Architects, Charles Norager)?
3 What remedial works are required and cost?

Ratio Decidendi

Court Disposition

Judgment for plaintiffs against Auckland Council, Brookfield Multiplex, Walker Architects and Charles Norager for proportionate remediation and consequential losses; Brookfield Multiplex's claim for indemnity under its PI policy dismissed; contribution apportioned between defendants as ordered; costs reserved

Orders

Plaintiffs entitled to damages to meet proportionate share of remedial costs as found in judgment (total remedial construction cost assessed)
Brookfield Multiplex's declaration seeking indemnity under PI policy dismissed