30 May 2008
KELLS & ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2008-404-1812
- Citation
- openlaw-821a2c7c_1255_42d2_80d9_263566a88537.pdf
- Court
- High Court
Filing an application for an assessor's report under the Weathertight Homes Act within the ten-year period operates to stop time running under the Building Act long-stop as to all potential parties; consequently joinder of additional parties after that filing is not barred by s393(2). The Tribunal's refusal to strike out the Kells was within its discretion and not Wednesbury unreasonable. Interlocutory refusals that are not final determinations are not appealable and judicial review is discretionary and should not be used to circumvent the Act's appeal scheme; both the appeal and review were…