New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Building act 1991 s91(2)

Legal area

Court

5 Aug 2010

GEDYE V SOUTH, SOUTH AND BURRELL (AS TRUSTEES OF THE SOUTH FAMILY TRUST) SC 56/2010

Citation

SC 56/2010
Court

Supreme Court

The Court held the cause of action was the 2003 contractual breach of warranty, not the 1997 building works, so s91(2) did not bar the proceedings; leave to appeal was dismissed as having no prospect of success.
20 Aug 2009

SOUTH V AUCKLAND CITY COUNCIL AND ANOR HC AK CIV-2008-404-5116

Citation

openlaw-2840eaa6_b0a8_4318_9387_07e80dd57c9a.pdf
Court

High Court

Section 91(2) of the Building Act 1991 does not bar a contract claim for breach of a vendor warranty where the cause of action is the breach of that contractual warranty; the relevant "act or omission" for limitation purposes in such contract claims is the date the warranty was given/breached (the date of contract), not the date the underlying building works were carried out.