11 Nov 2009
BODY CORPORATE NO. 207624 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2007-404-4037
- Citation
- openlaw-fec9ecfa_dfdc_422e_9867_068b210b5e00.pdf
- Court
- High Court
The council owed no duty of care in negligence or negligent misstatement to the plaintiffs as a class because Spencer on Byron was a commercial hotel development and Te Mata/Charterhall establish that the Hamlin duty does not extend to commercial buildings or protect commercial investors' economic loss; health and safety based claims likewise fail. However the claims of the three penthouse owners remain arguably tenable on Hamlin grounds because those units functioned as private dwellings and cannot be struck out at interlocutory stage.