CHEE V STAREAST INVESTMENT LIMITED HC AK CIV 2010-404-7804

CHEE V STAREAST INVESTMENT LIMITED HC AK CIV 2010-404-7804

There was no proper evidential foundation that the lack of clearance between the deck tiles and cladding caused the water penetration and resulting damage; the primary causes were the wrought iron balustrade fixings and a defective outlet. Absent evidence that TQ Construction Ltd's work caused the damage, the adjudicator's finding of liability against TQ Construction Ltd and its director Brian Charles Taylor was unsupportable and is set aside, removing Taylor's obligation to pay $36,610.

Citation
openlaw-ae1bce3f_da5a_4b5e_91b3_aa112681d735.pdf
Parties
Appellants: Joseph Chee and Margaret Chee; First Respondent: Stareast Investment Limited; Second Respondent: Auckland Council; Fourth Respondent / Cross‑appellant: Brian Charles Taylor; Fifth Respondent: CSR Building Products (NZ) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 June 2011
Procedural Posture
Weathertight Homes Appeal (weathertight Homes Resolution Services Act 2006, S 93) / High Court Determination on Cross‑appeal (liability Issue)
Outcome
Cross‑appeal allowed; finding of liability against Brian Charles Taylor and TQ Construction Ltd set aside.
Legal Topics
Liability for Building Defects, Causation, Novus Actus Interveniens, Standard of Appellate Review, Quantum of Repairs
Weathertight Homes Resolution Services Act 2006 Construction Law Tort — Negligence Admin/appeal Law Liability for Building Defects Causation Novus Actus Interveniens Standard of Appellate Review +1 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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joseph Chee and Margaret Chee

Appellants

Stareast Investment Limited

First Respondent

Auckland Council

Second Respondent

Brian Charles Taylor

Fourth Respondent / Cross‑appellant

CSR Building Products (NZ) Limited

Fifth Respondent

Procedural Posture

Weathertight Homes Appeal (weathertight Homes Resolution Services Act 2006, S 93) / High Court Determination on Cross‑appeal (liability Issue)

Legal Issues

  1. 1 Whether there is evidential support that Mr Taylor is responsible for work undertaken by TQ Construction Ltd
  2. 2 Whether lack of clearance between cladding and deck tiles caused leaks and damage
  3. 3 Whether lack of slope on top of the balustrade caused leaks and damage

Ratio Decidendi

There was no proper evidential foundation that the lack of clearance between the deck tiles and cladding caused the water penetration and resulting damage; the primary causes were the wrought iron balustrade fixings and a defective outlet. Absent evidence that TQ Construction Ltd's work caused the damage, the adjudicator's finding of liability against TQ Construction Ltd and its director Brian Charles Taylor was unsupportable and is set aside, removing Taylor's obligation to pay $36,610.

Court Disposition

Cross‑appeal allowed; finding of liability against Brian Charles Taylor and TQ Construction Ltd set aside.

Orders

  • Allow cross‑appeal of Brian Charles Taylor
  • Set aside adjudicator's finding of liability against TQ Construction Ltd and Brian Charles Taylor in respect of the deck defects