CARRINGTON v EASTON [2013] NZHC 2023

CARRINGTON v EASTON [2013] NZHC 2023

The builder (Easton) was liable for defective renovation work and the plaintiffs proved loss; the Council was negligent in inspections but had already paid a settlement ($190,000) exceeding any contribution it could be held justly liable for so no further contribution ordered; claims by Easton against the draughtsman, and the carpenters (Jones and Rudd) failed for lack of pleaded causative breach or assumption of responsibility and because Easton retained practical control of the work.

Citation
[2013] NZHC 2023
Parties
Plaintiffs: Brett Martin Carrington & Nicolette Jane Carrington; First Defendant: David James Easton (formerly David James Fowke); Second Defendant / Cross Claimant: Auckland Council; Third Defendant (withdrawn): Dando Contractors Limited; Fourth Defendant (withdrawn): Roof Improvements Limited; Third Third Party (architectural Draughtsman): Colin Ewan Holmes; Fifth Third Party (discontinued): Nick Letica Building Supplies Limited; Sixth Third Party (discontinued): QBE Insurance (International) Limited; Seventh Third Party (carpenter): Gareth Jones; Eighth Third Party (carpenter): Aaron Rudd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 August 2013
Procedural Posture
Civil – Building Defects / Negligence / Contribution / Final Judgment (trial)
Outcome
Judgment for plaintiffs against first defendant; first defendant's third‑party claims dismissed; costs and monetary awards ordered in favour of plaintiffs
Legal Topics
Defective Building Work, Duty of Care of Builder and Council, Contribution and Indemnity, Limitation, Assumption of Responsibility of Labour Only Contractors
Building Law Tort (negligence) Contract Law Civil Procedure Defective Building Work Duty of Care of Builder and Council Contribution and Indemnity Limitation +1 more

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Parties

Brett Martin Carrington & Nicolette Jane Carrington

Plaintiffs

David James Easton (formerly David James Fowke)

First Defendant

Auckland Council

Second Defendant / Cross Claimant

Dando Contractors Limited

Third Defendant (withdrawn)

Roof Improvements Limited

Fourth Defendant (withdrawn)

Colin Ewan Holmes

Third Third Party (architectural Draughtsman)

Nick Letica Building Supplies Limited

Fifth Third Party (discontinued)

QBE Insurance (International) Limited

Sixth Third Party (discontinued)

Gareth Jones

Seventh Third Party (carpenter)

Aaron Rudd

Eighth Third Party (carpenter)

Procedural Posture

Civil – Building Defects / Negligence / Contribution / Final Judgment (trial)

Legal Issues

  1. 1 Whether the builder (Easton) breached a duty of care and is liable for defective renovation work
  2. 2 Whether the Council breached a duty in inspections and/or issuing the building consent and whether limitation bars consent-related claims
  3. 3 Whether the draughtsman (Holmes) breached a duty by inadequate plans/specifications

Ratio Decidendi

The builder (Easton) was liable for defective renovation work and the plaintiffs proved loss; the Council was negligent in inspections but had already paid a settlement ($190,000) exceeding any contribution it could be held justly liable for so no further contribution ordered; claims by Easton against the draughtsman, and the carpenters (Jones and Rudd) failed for lack of pleaded causative breach or assumption of responsibility and because Easton retained practical control of the work.

Court Disposition

Judgment for plaintiffs against first defendant; first defendant's third‑party claims dismissed; costs and monetary awards ordered in favour of plaintiffs

Orders

  • Judgment for plaintiffs against David James Easton in the sum of 171517 NZD
  • Judgment for plaintiffs for direct interest on remedial funding in the sum of 52771 NZD