16 Dec 2008
TRUSTEES EXECUTORS LTD AND ANOR V WELLINGTON CITY COUNCIL AND ORS HC WN CIV 2008-485-739
- Citation
- openlaw-b5e55512_9194_4ca7_88cc_da79387b7aac.pdf
- Court
- High Court
The adjudicator's finding that the Council was not negligent is upheld because the claimants' evidence was vague and insufficient to rebut compelling, specific expert evidence to the contrary (notably on wind rating and window performance) and because the Notice to Rectify addressed the cladding-ground issue; the claim lacked substantial merit and costs were properly awarded, though the appropriate solicitor costs category is 2 not 3.