27 Jun 2012
NORTH SHORE CITY COUNCIL v THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS AND LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY SC 77/2010
- Citation
- NORTH SHORE CITY COUNCIL v THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS AND LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY SC 77/2010
- Court
- Supreme Court
The majority dismissed the appeal and upheld the strike out: on the facts and statutory framework the Building Industry Authority did not owe the pleaded duties of care to the Council or to owners in respect of the 1995 review and report; the 1995 report did not give rise to reasonable reliance by the Council for the purposes alleged and the statutory scheme did not create the proximity necessary for the claimed duties; accordingly the claims were untenable on strike out.