22 Oct 2010
WONG & HO V THE WEATHERTIGHT HOMES TRIBUNAL AND ORS HC AK CIV-2010-404-001751
- Citation
- openlaw-9047480f_903b_4762_b7f9_613af0313cd4.pdf
- Court
- High Court
The Tribunal applied the wrong evidential/test standard by requiring cogent evidence against respondents rather than treating the pleaded facts as true; given undisputed documentary matters (joint ownership, building consent naming owners/applicants, builder recorded as AP Dougherty Ltd, site visits and sale to appellants) the allegation respondents were developers was at least arguable and could not be struck out without a hearing; consequently the removal order was set aside.
- Weathertight claims
- Strike-out/removal of parties
- Developer duty of care
- Limitation period
- Appropriate procedure for review vs appeal