BECA CARTER HOLLINGS & FERNER LIMITED v WELLINGTON CITY COUNCIL [2023] NZSC 38 [21 April 2023]
The Supreme Court granted leave to appeal and framed the determinative question as whether the Court of Appeal was right to conclude that the Building Act longstop provisions do not apply to a contribution claim.
Source-derived case information.
- Citation
- [2023] NZSC 38
- Parties
- Applicant: Beca Carter Hollings & Ferner Limited; Respondent: Wellington City Council
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 April 2023
- Procedural Posture
- Leave to Appeal to Supreme Court / Leave Granted; Question Approved
- Outcome
- Leave to appeal granted; question approved for hearing
- Legal Topics
- Building Act Longstop Provisions, Contribution Claims, Appeal on Question of Law
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beca Carter Hollings & Ferner Limited
Applicant
Wellington City Council
Respondent
Procedural Posture
Leave to Appeal to Supreme Court / Leave Granted; Question Approved
Legal Issues
- 1 Whether the Building Act longstop provisions apply to a contribution claim
Ratio Decidendi
The Supreme Court granted leave to appeal and framed the determinative question as whether the Court of Appeal was right to conclude that the Building Act longstop provisions do not apply to a contribution claim.
Court Disposition
Leave to appeal granted; question approved for hearing
Orders
- Leave to appeal granted
- Approved question: whether the Court of Appeal was right to conclude that the Building Act longstop provisions do not apply to a contribution claim
Full Case Text
Judgment text and source record
1 paragraphs
BECA CARTER HOLLINGS & FERNER LIMITED v WELLINGTON CITY COUNCIL [2023] NZSC 38[21 April 2023]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUI O AOTEAROASC 11/2023[2023] NZSC 38BETWEEN BECA CARTER HOLLINGS & FERNERLIMITEDApplicantAND WELLINGTON CITY COUNCILRespondentCourt: Glazebrook and O'Regan JJCounsel: M G Ring KC and J A McKay for ApplicantL J Taylor KC and B J Sanders for RespondentJudgment: 21 April 2023JUDGMENT OF THE COURTA Leave to appeal is granted (Beca Carter Hollings & FernerLimited v Wellington City Council [2022] NZCA 624).B The approved question is whether the Court of Appeal wasright to conclude that the Building Act longstop provisionsdo not apply to a contribution claim.____________________________________________________________________Solicitors:Chapman Tripp, Auckland for ApplicantDarroch Forrest Lawyers, Wellington for Respondent