20 Oct 2010
COUGHLAN AND ANOR V ABERNETHY AND ORS HC AK CIV-2009-004-2374
- Citation
- openlaw-c745b608_43d3_4635_81d5_bb1e67d15afb.pdf
- Court
- High Court
The High Court dismissed the appellants' appeal and the claimants' cross-appeal, upholding the Tribunal's findings that the designer (Coughlan) and project manager (Humphrey) breached duties of care (omitting vents and manufacturer's references and failing to supervise workmanship), that the pre-purchase reports did not amount to full knowledge or volenti, that material contribution by defendants made them liable for compensable proportions, that contributory negligence/mitigation reduced damages by 10%, and that the Council's settlement precluded apportioning its share; Tribunal orders and a…