22 Jun 2021
BODY CORPORATE 328392 v AUCKLAND COUNCIL [2021] NZHC 1473
- Citation
- [2021] NZHC 1473
- Court
- High Court
On the summary judgment/strike-out material before the court, the engineer (second/third third parties) cannot be held liable for recladding design (no evidence he designed), cannot be held to have warranted or extended liability by his Opus report comments, and cannot be shown to have made the alleged substantive statements at the May 2008 visit nor owed an independent duty to speak; only the producer statement of 12 November 2006 remains a reasonably arguable claim which must proceed and raises a substantive limitation issue under the Building Act s393(2) and WHRS Act s37(1) that requires f…