NORTH SHORE CITY COUNCIL V THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS & LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY SC 77/2010
Leave to appeal was granted because it was reasonably arguable that the Building Industry Authority owed a duty of care to the Council in respect of the Grange development and to the body corporate and unit owners as pleaded; those grounds warranted consideration on appeal.
Source-derived case information.
- Citation
- SC 77/2010
- Parties
- Appellant: North Shore City Council; Respondent: The Attorney-General as successor to the assets & liabilities of the Building Industry Authority
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 October 2010
- Procedural Posture
- Appeal / Leave to Appeal Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Duty of Care, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
North Shore City Council
Appellant
The Attorney-General as successor to the assets & liabilities of the Building Industry Authority
Respondent
Procedural Posture
Appeal / Leave to Appeal Granted
Legal Issues
- 1 Whether it is reasonably arguable that the Building Industry Authority owed a duty of care to the Council in relation to the Grange development as pleaded (paras 13.1–13.3)
- 2 Whether it is reasonably arguable that the Building Industry Authority owed a duty of care to the plaintiff body corporate and unit owners as pleaded (para 13.4)
Ratio Decidendi
Leave to appeal was granted because it was reasonably arguable that the Building Industry Authority owed a duty of care to the Council in respect of the Grange development and to the body corporate and unit owners as pleaded; those grounds warranted consideration on appeal.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted.
- Approved ground (i): Whether it is reasonably arguable that the BIA owed a duty of care to the Council in relation to the Grange development as pleaded (paras 13.1–13.3).
Full Case Text
Judgment text and source record
1 paragraphs
NORTH SHORE CITY COUNCIL V THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS & LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY SC 77/2010 13 October 2010IN THE SUPREME COURT OF NEW ZEALAND SC 77/2010 [2010] NZSC 125BETWEEN NORTH SHORE CITY COUNCIL Appellant AND THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS & LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY Respondent Court: Blanchard, McGrath and William Young JJ Counsel: D J Goddard QC for Appellant D B Collins QC, T G H Smith and B L Orr for Respondent Judgment: 13 October 2010JUDGMENT OF THE COURTA Leave to appeal is granted. B The approved grounds are: (i) Whether it is reasonably arguable that the BIA owed a duty of care to the Council in relation to the Grange development in any of the respects pleaded (as described in para 13.1 – 13.3 of the Council's submissions in support of its application for leave to appeal). (ii) Whether it is reasonably arguable that the BIA owed a duty of care to the plaintiff body corporate and unit owners in the respect pleaded (as described in para 13.4 of the Council's submissions in support of its application for leave to appeal).Solicitors: Heaney & Co, Auckland for Appellant Crown Law Office, Wellington