New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Law reform act s17

Legal area

Court

12 May 2015

BODY CORPORATE 330324 "CITY GARDENS APARTMENTS" v AUCKLAND CITY COUNCIL [2015] NZHC 995

Citation

[2015] NZHC 995
Court

High Court

A cross-claim by a defendant against an existing co-defendant, brought contingently prior to judgment, is not a separate "civil proceeding relating to building work" caught by the Building Act 2004 s393 long-stop; therefore Downer was granted leave to file cross-claims against Auckland City Council and TAL to preserve entitlement to seek contribution under s17 Law Reform Act, and limitation issues remain between the plaintiffs and defendants rather than between defendants inter se.
28 Jun 2013

FINANCIAL MARKETS AUTHORITY v MARK STEPHEN HOTCHIN [2013] NZHC 1611

Citation

[2013] NZHC 1611
Court

High Court

Third party contribution claims by Hotchin against the trustees are struck out because, although trustees may owe duties to monitor compliance under trust deeds and such duties may in some circumstances extend to prospective or roll-over investors, any liability of the trustees would be for losses caused by their failure to act during the period of wrongful inaction and is not the same damage as the loss caused by directors' untrue statements at allotment; trustees do not owe a tenable duty to verify overall prospectus accuracy; indemnity issues raise factual questions and do not justify stri…